99-23181 RESO Incomplete
RESOLUTION NO.
99-23181
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN
THE MIAMI BEACH REDEVELOPMENT AGENCY AND
KIMLEY-HORN AND ASSOCIATES, INC., APPROVED
UNDER RESOLUTION NO. 99-23073, FOR ADDITIONAL
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
RATIFY THE APPROPRIATION, IN THE AMOUNT OF $1
MILLION, BY THE MIAMI BEACH REDEVELOPMENT
AGENCY.
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 City Manager; and
WHEREAS, on January 20, 1999, the Mayor and City Commission ratified authorization
of the Administration to negotiate an agreement with Kimley-Hom and Associates, Inc.; and
WHEREAS, on February 17, 1999 the Mayor and City Commission ratified 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 Mayor and City Commission ratify
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 MAYOR AND CITY
COMMISSION, that the Mayor and City Commission herein ratify 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 design and implementation of street improvements in the South Pointe Redevelopment Area
and ratify the appropriation, in the amount of $1 million, by the Miami Beach Redevelopment
Agency.
PASSED and ADOPTED this 26th day of
May
,1999.
MAYOR;/)
;~O' &~
C Y CLERK
F:\ WORK\$ALL\MERCEDES\COMMEMO\KHRESAA3. WPD
AmOVED}.S TO
FtJPM & lANGUAGE
& FOR EXECUTlor"
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Thi3 In3trumene Prepared By:
Thom:u V. Eag:m, P.A.
Steel Hector & Davi3 LLP
~OOO Fine UnioQ Financial Center
Miami. Florida 33131-2J98
1f71KlhttEAJT 4. /
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S.A.4.2.2.2
ACCESS AND liTILITY LICENSE
AND RF'TOVAL AGREEMEN""(
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K:.'iO\V ALL MEN BY THESE PRESENTS THAT:
~l~RQUESA DEV'ELOPMENT LTD., a Florida limited partnership
("Marquesa" or "Grantor"), as the Ov;ner of the License Parcel, as hereinafter defined, in
consideration of the sum ofTen and No/100 Dollars (S10.00) and ocher good and valuable
consideration paid to Grantor by the CITY OF l\-{l~l'tn BEACH, FLORIDA, a Florida
.r:1ur.icipal corp?ration (the "City") a."ld the Miami Beach Re~eve!opme::t Age::cy, a Florida
public age::C'"j crg:l..';.L::ed a.."ld e:c~.i::g ~urru.!::.t to tb.e Commucity Redeve!opce:lt Act of 1969,
C~.,""~.... 16~ P ~ ITI F'c,..;da St~~....s "'.. . ,..l (.~ "R",,:....,,,r 1",.,.,....,1' A-"'.,,....") (1'1.,,,, C....,.....c.
.....:- .... oJ, 2!.. -, 1.. "'....... , as a:n_..ce.. -...e ...__, .,0 ;"_.'" '::'.__j .... h~.....
t!-, R~";a~~! -"f""l-.a-'!" .. r-o....c". t...~..i:a;_..,~~.. Q";~ -'U '-.:. a! ~ -a.;'a__2,J "'''''''I ~~ ...:"e "G.....-~~Q..'.) .,.t.,,a
~.e --.,....~....,.._... r_....... 1,;.................. scrr:..........es C...' e....:;....'. ........_ ~'-' ...., ~ ..-....., ...._
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'r" , J ~ l.,'" 1-00 C" . 1\ f: ...... . F1 'd ~ ~ 1 ~:"\ h .
r::a:. ~ng a.~G:~SS cr W,.1-::115 I cr:ve::t..on Ce::te: Dnve, L"L:a:::l .ce:lcil, ~on a.).J ~ 7,' ..e::-eoy
gra..'lts, conveys, bargains and sells to Gra."ltee, its successors and assigns, for the use of public'
utilities a::d sJ.ch persons as shall from time to time be desig!!2.ted by Gra.."ltee, a license, for the
Purnoses he:e:n e:'C:Jressed, in, on, unce:, Ove: ., '".C aC:OS3 t::.a.: c~:-.22~ ra:cet af re::.l nrOOe:7f
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situated in i\.-fla.Ti-Dace Cou::rj. Florida a.."ld more par-..icu!a.dy described in E'(hihir ~~" attached
L.oa.....~1'"\ ""'d hoa....:..v ....a~oa a 0"'- h"'....or:(.:.,e "L' p ''')
I:.. ....-..... ................... . _.. .... . I... lCe:lSe arce. .
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TO H.~ V1: AND TO HOLD the license hereby granted unto Grantee. a:1C its succesSors
and assigns, upon and subject to the following terms. conditions and reservations:
I. Grantor hereby grants to GraJltee 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 Lice:1se Parcel and for the purposes of the removal
of the utilities installed or maintained pursuant to that certain 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 se: forth
herein, 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
.~ under, over a."ld ac..-ass the Lice::.se Parce! to re=nain i.-. their prese.-.t location until s..Ich time as
Grantee dete:-:cines, in Grantee's sole cisc:etion, to construct the improvements which are to
incarpciiite t.1e lands desc..:bed in E~hibit "Jr' a:-~che::: he:e~o a:ld made a pan hereof into
Washington Avenue (the "Washington Avenue Ex:e::.sion") ud re~cca:e the utilities situated en the
Lice::se Parce! w::ic:: have be~:1 ir:.s~.al!ed or r":'J.tamed pursuant to that certain Access Easement:
recorded in Official Records Book 13368, Page 2769 and/or that ce:-:.ain Utility Ease::nent recorded
in Official Records Book 13368, Page 2774; provided, however that Grantee agrees to construct the
\Vas:::r:g:ar. Av~ue ext::-loSion a.'1d relocate the utilities described he:-e:n on or before one yeu after
Grantor has se~..:red the Final .A-99rova!s descrioe-;l in that cer-..ain Se~reme:1t Agree:ne:lt e:1te:-ed i:lto
bya."1d awong the Cit:..., the Rede'..e!opme:1t ,A,ge:1C"j a.:.d \Vest Side Pa.r:ners, Ltd., a Florida lirni:ed
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partnership ("\Vest Side") of even date herewith (the "Settle:nem Agreement"). On the e3.rlier of:
f (i) the relocation of the utilities described herein, or (ii) eighteen (18) months' from the Final
Approvals, this Grant of License shall automatically terminate and be of no further force or effect;
provided however, that in the event that all of the applicable federal and state{lemUts and conse=1ts
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 obtain 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 t.i.e relocation of
the utilities. Grantee shall be responsible for the physical relocation of the described utilities within
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the License Parcel, and Grantee shall be responsible for the payment of all costs and ex?enses
-i:lcurred 1::.., Gra."ltee to relocate S'..lch utilities
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4. Neither Grantor nor its S'..lccessors and assigns assume or shall have any liability or
responsibility to t.i.e Gra.."1tee and its Successors, contraaors, subcontraaors, agents, employees,
.
CUstomers, invitees, or any other persons usinlZ License Parcel a....1.d contiguous lands in accordance
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with the terms hereof.
5. Gra.."1tee shzll be liable and responsible, to the extent pe:micred by law, for any costs,
liabilities, claims or damages, including, without limitation, reasonable attorneys' fees and
disoursements at the trial level a..'1d all levels of appeal, relating to death of or injury to persons, or
loss of or d2.r.1age to property, incurred by Gramor, its successors and/or assigns in title to th~
License Parcel, and resulting from, arising out c~ or incurred in connection v..ith the use of t.1e
License Parcel by the Grantee and/or the Grantee's invitees, agents or employees, in connection with
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.j asserted against Gramor, its Successors and/or assigns, resulting from, arising Out of. or incurred in
the Lice:-:se herein grar.ted Or such use of the License Parcel. Gra.'1tee shall defend any and all claims
connection with the use of the License Parcel by the Grantee and/or the Grantee's invitees, agents
or employees. L, such e'lent, Gramee shall be entitled to se!ecr counsel of Grantee's choice to defend
the claim; provided, however, the Grantor shall be permitted, at its C?st and eX;Je:1se, to retain
independent counsel to monitor the claim proceeding. Notwithstanding a.ri.y"!hing Contained herein
to the contrary, Grantee shall not be obligated or liable to Grantor 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 relating to death of or injury
to persons, or loss of, or damage to, propeny, 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 herem granted or the use of the Lice:lSe Parcel, for amounts
ir; ex:ess Oft.1ose !irritations 0:: the statutorl waive: of sove:-e~z:l immurit\i" oro..~de:: unde: Florida
~ - ~ .
Stat~te S 768.23 (or a::y Successor statute thereto), or in respect of claims reslllting from the
intent:cnai or ne~E~ent acts of Gra."1tor, its officers invitees lessees, e:nDlo~:ees, alZents, ~ests,
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r;,...~_~.2I":' ... f"O-,.._:-~ --"""-- r.... .~,~ oCIo....03_~ t~....- G - 1 ..~... ...,,.- ""'~ _.-_ t oaf ~..a "h~A ti...,Pts
1..._.._,-_S 0, ..'-',.-....\....'-',~. .- -"... "'-.... ........ '"':"a.-:..;::: ::::CiC~~ az'J C'-IL.t:a.......cr 0 r_.oc_~..... '-..l...... U .!h.._
. .
S:::;~::ed c:: c.::e License Pa..-ce!, then Gra..'1tee shall require such contractor to provide a copy of its
liability insurance policy and workm.en's compensation policy to ~~e Grantor, along ""jth a..'1
af:propriate endorsement sho,"-'ing the Grantor as an insured party, in conn~tioo "With such work, a..'1d
tf:a: such COr:t:-ac:or maintain re:lSon::.ble liabilitv covera~es considering the nature of the work to
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be t..:nde::a.!.::en.
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6. [n the eve~t of a default hereunder, the non-defaulting party shall be e~titled 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 agreement bet".vee..'1 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 tenn or provision hereof shall
not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof.
8. This instrument may be executed in any number of counterparts, each of which shall
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be deemed an origi.nal for all purposes and all of which shall be one and the sam,e document.
. . 9.
If any provision or por:ion the::otof t.l;is Gra.r:: of License is cedar:d or four-d by a.'1y
Court of competent jurisdiction to be unenforceable or null a.'1d void, such provision or porJons
t:;e:-ecr shall be cee::1ed Stricken and severed from this Gra::t ef Lice~e, and L.~e remaining
,"",,.'-: -~ -- . - -:"'-15 ~~""""":S:.....:l _.:..' j;: 'I - - -~ ;:::"',...... r;: PO""';Ol 's so s~"':Ck"'n,l 't
F....yl.:>.e.~c:....;,c~o1,_'-'1 ........~-. .._..cOlJ.'-..n....eln1~l tor""ea::'"'e~..._... ~a .... n .......
is t::e ir:re:1tlcn of t::.~ pa:-:;:s t~a: t..l.;.e cou:;: give such provision its nearest valid and legal meaning.
10. This Grant of License shaIl be coIlStrued and governed in accordance ",iL.~ t~e laws
of the S".l:e ofF1orida with.out application of the conrlict of law principles. All of the parties to this
Gra.-:t ofL:ce:-..se rz.e pa.-..icipa"ed f~lly in the negotiation and preparation hereof; a.."1d, accordingly,
this Gra.':.t of Lice::.se shall net be more Strictly construed again.s. a.1.y one of the parties he:eto.
II. Any netc~ required or pe=mined to be given unde: this Gra....:.t of Lice~e shall be in
writing and shall be deemed to have been given if delivered by halld, sent by recogrtized overnight
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.->_..~ in a postage prepaid envelope, and addressed as fonows:
courier (such as Federal Express) or mailed by certified or registered mail, re:Urn re~e:~t re~uestec.
If to the Grantee
at:
I iOO Convention Center Drive
ivfiami Beach, Florida 33139
Attn: City Manager
~lith copies to:
1700 Convention Center Drive
Nfiami Beach, Florida 33139
Atto: City Attorney
and
Steel Hector & Davis LLP
4000 First Union Financial Center
Nfiami, FL 33 13 I
A~..n: Thomas V. Eagan. P.A.
If to Grantor:
404 Washington Avenue
rvfiami Beach, Florida 33139
Ann: Margaret Nee
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With a copy to:
Greenberg, T raurig, P.A
1221 Brickell Ave:me
?v!iami, Florida 33131
A~n: Mat"~ew B. Gorson, Esq.
Kotices personally delivered or sent by ovemight courier shall be dee:ned given on tJ.1e date
of deEve::v a..'1C notices r:-:.2.i!d L.-: ~~rd.a.-:ce with the fore:zomg shall be dee:ned ~ven three (3) days
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~e:- deposit 4... 6e U.S. r::ails. A P~J may change its address by sending a notice of such change
in accordance with the provision of this Pa..'"agraph.
.I:.'l \VITh'"ESS \VHEREOF, Grantor and Grantee have caused this Grant ofLicens~ to be
ex~ted in. its r..2...'11e by its unde=-signed duly authorized officers and its Corpora:e seal to ce here:.:::to
affixd, as of the davof
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Sig:1ed, se:lld a."1d de!ive:-d
in the preseGce of:
MARQlrESA DEVELOPMENT, LTD., a Florida
limited par..nership
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Thi, In,crument Prel':ared By:
Thom:1.3 V. E:ag:an. P.A.
Steel Heccor & D:avu LP
":000 First Union Fin:ancial Center
Miami. Florida JJ t3 t-~J98
SA 4.2.2.2
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\V.i q.rT~jGTnN .1.\'1=,-<, if E)(TE~~T()N J=.1 C:::J="fE~rr DI=DTr ~ TIn1\; A GR I=E\.n=~rr
This Easeille~t Dedication Agreeme:1t (" Agree:ne:1t"), is dated
199 -J by and among A....n.Jre Coast Deve!opmem Ltd., a Florida limited pannership ("A.r.m~") as the
o'J./'TIer of the F.m.son Parcel more particularly described in E1(hibit: A. attached hereto and made a part
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hereof; Sun & Fun. Inc., a Flon a corporation ("Sun & Fun"), and Beachwalk Development
Corporation, a Florida corporation ("BeachwaIk"), as the owners of Goodman Terrace, as more
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par:icularly desc:'ioed in. E'(";,i~il' R ac:ac!1ed he:e~o ar.d Ir.J.de a par: hereof, a.~d East Coas~ne
De'..elopce:1t, Ltd., a Florida limited pa:-...."'le:sb.!p C"Eas: Coastline"), as tile ow-.:e: of the Alaska.
Par:::!. as were pa:-..ic.llariy described in E"(~i;.,il' c: a::ac~ed he:-eto a.."!d made a pa:t he:e:::r (Azure,
':.- &. ::'~,~ ::.a....1'"'~1~-'::TT...- 2--:--= t:":!.::~ C""'::~-!;~.a ~-a ;".,2,.-a;,...,":".a... s--.a.:~~s c-,n~.....~.: ra:.s.-.~": -ro~'" t~e
--.... .. ,,-...., ......-... -...,,", ....- -- ....._~...._~.... "'.-.......-...-.;,.;..-... ....,..........-.....- ""...--- .... ......_..4..._. ~ ..
"Owne:-s") and the City efMiami Beach, Florida, a municipal corporation ("Cit"'j").
W T T N ;= S ~ ;= T H:
\V""riEREAS, in oder to resolve the cent:-eversies a..'ld the litigation invohi.-:g SSDrNor.h.
SS 0 I South a::d r::e Core Pare:! (as mare part!c-..l!ady desc:-ioe::i l.."l E'(t,i~il' T) a::ached here:o 2.;.":.c
. h -. C' .. R . ,.I" I' ..
r.:a.:.e a part .e:~or) t:le l::j' 2.;.'1C t:J.e e~evereOC1ent A:z':ncl e:1~e:e.... Into a ~lpu.atJ.on a..",c crce:
. -.
COree:-") in C:::...,,,.1, c:;:~('!"'.. ~';.arnn"'''o:: T r":('"
r ::al . Case No. 82-24526
(19) (Fla. 11 ch Cir. Ct. 1981) which was approved by the 11 th Judicial 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
Greer, the City and Redevelopment Agency ratified certain judgments and entered into a series of
agreements with South Shore Deve!ope:-s, Inc. ("SSDr") pertaining to the purchase, ownership and
.
development rights of SSDI 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 seUers thereunder,
in favor ofSSDI as purchaser there-..mder, dated July 24, 1985, and recorded July J I,
1985, in a.R. Book 12590, at Page 2795, as amended by Amendment of Contract of
Sale dated April 17, 1986, and recorded 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 City and Receve!oprnent Ag:~cy agreed to sell to. SSDI two (2) tracts of la."ld
COG'.;.-nonly re:e:rd to as "SSDr South" a..."ld "SSDI Nor.h" (the "Contract of Sale");
2. A Final Judgment for monetary damages with interest thereon dated September 18,
1984, as recorded in a.R.. Book 122i6, at Page 2258, and a certifed copy of which
was recorded in O.R Bock 16"39 at Pa~e 1495 tczetner ~-:t..l-J. a J'udz::e::: for
.. - J _ , _ _
anorne-jS' f~ dated September 23, 1986, as recorded in O.R.. Beok 13033, at Pag:
1235, and a certified copy of which was recorded in a.R.. Book 16293, at Page 1045,
all in t.i.e Public Records of i\-uami-Dade County, Florida (collective!y, d:e
"Jucigme:1ts");
3. A ~for:g2.g~ from tbe Redevdopme:1t .~.ge:1C"f to SSDI enC'.Imbenng bot..~ SSDI
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South and SSDr North as security for the payment of the Final Judgment referred to
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in subparagraph 2 above and to ensure the performance by the City of its oblig:uions
~l..
under the Order and Other documents, which Mongage was dated July 24, 1985, and
recorded on July 31, 1985, in O.R. Book 12590, at Page 2786, of the Public Records
of (\,[jami-Dade County, Florida (the "Mortgage");
4. A Development Agreement dated as of April 17, 1986, and recorded in O.R.
Book 12873, at Page 2612, of the Public'Records 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
ofSSDI Nonh 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 Nliami-Dade County, Florida, by and among
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t:.e Citv, the Redeve!ooment AiZe::lcv a..~d SSDI, as f:.lr"'.her a..-nended by letter
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a!Z:ee=::ent d3.ted A:ril 17 1986 pur5"l.lant to which t..ie par.ies established certain
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rights a..'1d obligations 1},ith respect to the cors....-i.lcdon, cos~ purchase, maintenance
and operation of certai..'1 parking spaces to be located on SSDI North and SSDI South
C-l.- "1986 P""'.:"g Aryl"" ... ")
'..:.."" .-- "-..u ~ e""rnent .
The Order and other dOcuI:1ems described in sub-para;raphs (1) t..irough (5) a~.ove are
here:n.a..l."'1er someti..~es collective!y refe:red to in this Agreement as the "1986 SSDI Documents"; and
wREREAS, all of the rights ofSSDI under t..~e 1986 SSDr DocUffie~ts have beerr sold a."1C
assign:~ to West Side as evidenced by that ce:-.ain Assignment a..'1d A-sstlmption ofMo~gage a..'1C
Other Documents dated April 6, 1994, ar:.d re---..orded April 7, 1994, in O.R. Book 16313, Page 1077,
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of the Public Records of lvliami-Dade COUnty, Florida (the "Assignment and Assumption of
MOrtlZaO'e and Other Documents"); and
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\VHEREAS, the City, as landlord, and Carner-Mason Associates, Ltd., as Lessee, entered
into a Le3.Se Agreement dated June 24, 1983, as amended by a First Arnenciment dated October 23,
1991 (the "First Amendment to the Marina Lease"), a Second Amendment dated August II, 1994
(the "Se~ond Amendment to the Marina Lease"), a Thir..cf 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
WHEREAS, all of the rights of the lessee under the Marina Lease are currently held by
~ami Beach Marina Associates, Ltd., a Florida limited partnership ("MBMA. It); and
0... . '"\
'WHEREAS, the Core Parcel is still part of the rea! property le:lSed pursua=.t to the Ma..-ina
Le3..Se; a..-:d
\VHEREAS, West Side, East Coastline Developme=.t, Ltd., a Florida limited par-l.nersmp
("East Coas-Ji.."'!e"), 404 Invest:.-::ents, Ltd., a Florida. fucited pa..-...-:ership ("404 Invest:."!le::lu"), Azure
Coast Deve!opment, Ltd., a Florida limited par'".nership (".~-ure"), Be3.chwa.!...1c Deve!opment
Corporaio~ a Florida corporation ("Bea.ch~"). Portofino Rd Es"..ate Fund, Ltd., a Florida.lirr.ited
par:nership ("Pcrtonno Rd Es+..ate Fund"), St. Tropez Real Es-..ate Fund. Ltd., a Florida. limited
par:nership ("St. Tropez"), a-1.d Sun & Fun. Inc., a Florida corpcra~on ("Sun & Ftm"), which a.:-~
owned and/or controlled cireC"'Jy or indire~Jy by the sa-me principal (hereinafter sOffieti:nes
colle:::ive!y refe:7ed to as the "Par-oEno Entities" or il:divic.ually, as a "Por.orUlo Entir:y"), the City
. ~)
a.r:c. t.~e R:de';e!opITlent Agency entered into that cer-L2in agreement dated November 7, 1995, which
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was recorded in Official Records Book 16987, at Page 1197 of the Public Records of~[ia:ni-Oade
County, Florida (the "1995 Deve!opment Agreement"); and
\VHE RE AS , the 1995 Development Agreement provided, among other things. for closing
an various parcels in three stages: (i) the first closing resulted in the conveyance of the nor.hern
portion of SSDI South to the Yacht Club at Por-onno, Ltd., a Florida lirr..ited par.nership (the
"YCAP") and the southern ponion of SSDI South to \VesI Side, (ii) the second closing resulted in
the conveyance to the City of certain other properties described in the 1995 Deve!opment
Agreement, as well as the conveyance of the Goodman T err-ace 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 Nor..h and
the conveyance of additional property to the Ponotino Entities, all predicated upon the timely
, } obtaining of certain final approvals, as described in the 1995 Deve!opment Agreement (the" I 995
::;;-,,! ~ "'or~,..,ls"). a..""!d
" ......-. (""".:-. "'" t '-- , .
\VHEREAS, the Ftnal Closing referencd ~"'l t~e preceding paragraph did nct occur, the 1995
Final Aoorovals were not timely cbtai"'led.. a,.""!d c:: Ju::le 20 1997 \Vest Side te:r.rinated the 1995
.. .. ., .. , J
Deve!opment Agreement, except for those prov1sions of t..i.e 199 5 Deve!opr::e~! Agree:::ent which
said agreement expressly pro...ides are to survive; a.i.d
\V}':ERE.A...S, the City a.~d the Redeve!opment Age::c:, 00. the one hand, a.:ld t.~e PortoBno
Entities on the other hand, disagreed over the:r res::lec:ive resiJcnsibili!ies, obligations and rig!1t3
. .
arising out of the surviving provisions of the 1995 Development Agr~:nent; and
WhEREAS, on November 5, 1997, \Vest Side Eled with the Ccu~ a.'1 Emerge:1cy Motion
to Enforce Cour:-.~.?;;rovd November 7, 1995 Deve!opment Agreement a.'1d for Contempt against
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the City and Redevelopment Agency in the 11 th Judicial Circuit in and for tvfiami-Dade County.
Florida, Case No. 82-24526-CA-30, in the case styled We~t ~irie P:::l!"fne,,> Ltd ~ FJ0rid2. li~it~
~fi ~ MTf"~Tl;:l"T
to the ("ommunit\.-, Redeve10Dt":"'e:1t ACt of J 969 Defe:1d2.rt~. seeking to enforce certain of the
surviving provisions of the 1995 Deve!opment Agreement md to request other relief set fOrth in said
motion (the "1997 Litigation"); and
\VHEREAS, the City, the Redevelopment Agency and West Side have agreed to se~tle the
1997 Litigation, and in connection with said settlement, said parties have entered into a Settlement
Agreement (the "Settleme.'1t Agreement"), and pursuant to the Settlement Agreement, West Side has
agreed to execute and deliver this AlZreement. and
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\\l'f-:EREAS, West Side continues to m::...'1 and hold all of the rights of SSDf unc:::: the 1986
";"':~1
SSDr Dcc-..:r:;.e:1t3, as scld a..-:c assig::e~ t: \Ves: Side pur3t1a::! to the .A..ssignment and Assumption
of Mortgage and Other Documents, a.lld West Side has not assig=.ed or pledged its interests under
the 1936 SSDr Dcc.lme:1ts to a...."y pa.:.-ry; a::d
\\-1iEREAS, Sl.:n & Fun a...."1d Beachwalk, as the o'.,;,.ners of Goodman Te:-race, AZ";lre, as
Ov.:;e: cf t.~e ru..-:.scn Parce; and East Coas-Jine, as the owner of the Alaska ParceL continue to c.wn
said. parcels, and have not conveyed, assigned or p!e::ged it3 i~;:e:est3 in said parcels to any pa..'"tj',
except in the case of the Alaska Parcel, ffinson Parcel and Goodrna.."1 T e:Ta:e, which have bee::
mort~aged to MeHon United National Bank and
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\YHEREAS, MeUcn Ur.ited Na:ic~~ Ba.:.< r..=.s conse:lted to t.b.e gra.."1ung oft..:.us Ag:ee::.ent,
..... ....
~"..... ~).,
a..'1d has sl.lborcir:ated its ErS'L li:::1 ime:-e~ in the A12.Ska Parcel, Hinson Parcel a..'1d Gocdma..'1 Terrace
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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 autherity and
capacity to enter into. execute and deliver this Agreement without the need to secure a.'1Y additional
consent, releJ.Se or joinder of any other par.y.
NO\V, n-: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:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Dedicatinr,. Owners hereby dedicate by permanent, irrevocable easement in favor
of ~he.City the rea! p:operty more Particularly. described in EyJ,ihjl' 1= attached here:o a.1.d made'a
pan hereof (the "Easement Parcei") for vef-..ic.llar ~d pedeS'"..nan traffic over the Easement Parcel,
for public ri~ht of way purposes, and to expand that por-Jon efWashington Avenue located to the
south ef Sou:.~ Pointe Drive; Q-.;.rue:"s hereby cove:.az:t wi6 the City. tbe c.t:e Owners are lawfully
seized of cI:.: \VashL::g~oc. Ave:;.ue Extension in fee simple; c.i.at the Owners have good dght and
la.'.,,.fuI authority to g:ant such dedication of easement for the Easement Parcel, and that c.~is grant
of ea.s:~em is free a.'1d cieu of all lie~.s J'ud~e:lts encumbrances, conditions, restrictions,
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e~~e:1ts and opriOI"-S to purcb.a.se or oche:- righ.ts in favor of third pa.rties to purchase, lease, license,
use or occuoy the Ease~e::.t Parce!; a..-:d the City hereby acce=ts this dedication of easement for the
. " .
Ease:ne~t Parcel for public right of way purpeses. The O......11ers a.."1d their successors and assigns
,...~~~ 'I n"6a&walZP
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hereby agree that upon completion of the construction of the building(s) and other improvements to
be constructed on the Alaska Parcel, Hinson Parcel and Goodman Terrace, to convey the Easement
Parcel to the City contemporaneously with, and as a condition precedent to the issuance of the
certificate of occupancy for the last of such building(s) and/or impmvemencs to be constructed.
Owners hereby reser,re the right to place underground utilities and drainage in the Easement Parcel
provided that the City consents (which consent shall not be' unreasonably 'Nithheld 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.
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3. ZOT'!jn~ and Plarmini Calculatioru. The panies hereto have agreed that Owners ~d
their respective successors and assigns shall be permitted to include the Easeme:lt Parcel in any
zoning or plar.....'1ing calculatioC".s, including. .withoutlimitation, set backs, floor area ratio, lot size
and/or framage, as though t.t...is Agreement did not exist.
4.
r n~ erT'lnific:!tiO'1.
The City or its Sllccessors and asS1ZiJS, shall be liable and
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res~or.sible, to the ex:ent per:::i::d by law, fer a.-:y costs, Eabilides, dai.r...s or damages, including,
wit!1our Ii:ni:atior., re:iScnable attorneys' fees and disbursements at t..ie trial level and all levels of
a?peal, relating to death of or wJury to pe:sor.s, or loss of or da..-::.age to property, inco..1rred by
0'.....ner5, t..l.;.e~ s..:c:essors 2.:1d/or assigns in title to the Easeme:lt Parcel, and resulting from, arising
out of, or incoJrred in coC"...'1e:::tion with the use oftne Easement Parcel by the public generally or by
the City, or its successors or assigns, and their respective invttees, agents, employees, guests, lessees
or Iiee::sces in eonn~..ion v.iLi. th.e ~:;:;'ent l:ere:n gra"1ted or St.l.ch use ofebe E~ement Pared. The
Ciry, or its SUccessors ~"1d assigns shall defend any and all claims assen:d ag:.inst Owne:s, their
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successors a.'1dJor assigns. resultinl2: from arising out of or ir.curred in connection with use of the
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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 granted or such use of the
Easement Parcel. In such event, the City shall be entitled to select counsel of the City's choice to
defend the claim; provided, however, the Owners shall be permitted, at 'their cast aad expense, to
retain independent counsel to monitor the daim proceeding. Notwithstanding any"dung contained
herein to the contrary. neither the City nor its successors or assigns shall be obligated or liable to
O'.'vners or any third parties for any costs, liabilities, expenses, losses, claims or damages, induding,
without limitation. reasonable attorneys' fees or disbursements at the trial level and all levels of
appe3..l, in respect of third party claims relating to death of or injury to persons, or loss of, or da.'11age
to, property, and resulting from, arising out of or incurred in connection with the use of the Easement
Parcel by the public generally or by the City or its successors and assig'"'..5, ~d their respective
'~":',",oa loa -....~ "~"'-'- e-...'oy...... ..,.".,.-- - 1"- - '.. -.,.,..,,' ';tl.., t:.,e e""e-e-t h"'''e;~
1..........._s, .....s;)"'_~, <;.~_......), ....r-l ...._s, ~__;)..) c. lI...e.....sees I... cor-...............'-lcn v.. u J... -..J............ .........
granted or the use of the Ease:nent Parce~ for amounts in excess oftb.ose limitations on the stattltory
, ~ " , '..., 5 --- -3 (
warver or scvere:g:l Ir:l::lUn.:!J' FCv:c:e~ t:::c:e:- Flcr:.ca S ta::'::e v I O~U.. or a=.y $\.lc:.::ssor sta::'::e
~O""fo) ..:a. !"'lI"'. ;: r : ,r.:"...... .:... .' .. __; _ 1 ,..:a.-.. a- ...... f 0' .,... the:r
t...........o . or m r....s~e_, o. C.a:ms res'-......~ I..om Ion: I:l..e......Oual c. I:"'~llg_..t ac..;) C wl1....5, l. .
SllCC:ssors a.."1C assigns, a."lC their officers, ir.vitees, lessees, employees, agents, guests, licensees or
contractors.
5. Entire A ~re~"'e~t A me~";""e!'1r \-V::liver.. This Agree:ne~t constitutes the e:1tire
agree:nent between the parties hereto relative to S"..lbject matter he:-eof, and any agreement or
represe~tation which is not expressly set fOrth herein and covered hereby is null a.1.d void. Ex:e?!:
as se: f:m.h here:n, there are no prorr-.ises, re~res.:ntaticns, or unde:-standings be:v.e:n the pa..r.ies of
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any kind or nature whatsoever. Any ame:J.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 shaH not be deemed a waiver of any subseque:1t breach of the same
or any other term or provision hereof.
6. Cnlmrerpc.rt~. This instrument 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 sarne
document.
7. Severahili~. 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 stricken, it
is the in~e:ltion of the paries. th.at the Court give such provision its neJrest valid and legJ.! me:mi.ag.
8. Cnr:fict nrL'!w. Tnis Agreeme:lt s.ia!I be coc.s-l.n.:ed a::d gove:ned in accordance with
the laws of the State of Florida wi:hou! apFlicatior. of the conflict of law principles. All of the
- ,...;" t tto,; A-2.a_.:a..,~ h"'3'p~ ,"'2~;: .~ ....1....... ~ .; .: ~r1 .&:lIto......; h ..::aot"': and
wa...es 0 .,,",s .l<.....~._... ._'. t:...:...c.:Ja~_... r~.lv UJ. tne r.e..o~a...oa a.::.. pr.......a.:a...on e.., ,
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accordingly, this Ag:-eement shall not be more strictly construed against a.IlY one of the paries
here~o.
9. Nnnces. Any notices required or permir:ed to be given under this Agreements shall
be in writing and shall be deemed to have be~n ~""en if ddivered by ha.."1d, se:lt by reco3"="ized
overnight courier (such as Federal EX;:ress) or mailed by ce:-..ified or registered mail, return re~e:pt
reques::ed, in a pcst.'lge prepaid envelope, a..'1d addressed as follows:
If to the City at:
1700 Convention Center Drive
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~fiami Beach. Florida 33139
An.: City Manager
%th copies to:
1700 Convention Center Drive
Miami Beach, Florida 33 139
An.: City Attorney
and
Steel Hector & Davis LP
4000 First Union Financial Center
Miami, FL 33131
An.: Thomas V. Eagan, P.A
If to Owners:
404 Washington Avenue
. Miami Beach, Florida 33139
Attn.: Margaret Nee
%th a copy to:
Greenberg, Traurig, P.A
1221 Brickell Avenue
~fiami., Florida 33 13 1
An.: Matthew B. Gorson, Esq.
:~:_';,..
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Notices pe:sor..a!ly delive:ed or se:lt by overnight courier shall be c!ee::ned given on the date
of delivery a..~d notices mailed in accordance with the foregoing shall be deemed given cr..ree (3) days
after deposit in the U.S. mails. A party may c~ge its address by sending a notice of s....lch change
in accordance wit.~ the provision of this Paragraph.
IN \VITh"ESS \VHEREOF, Owners and the City have executed this Agreement as of the
date first wrinen above. .
Sur-; & FUN, mc., a Florida corporation
Name:
By:
Na.-ne:
Name:
Tide:
..
':".--';';
''''~4Ii4~
ra_....... ar
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO.
3&-9'1
TO:
Mayor Neisen o. Kasdin and
Members of the City C mission
DATE: May 26,1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF BEACH, FLORIDA RATIFYING AMENDMENT NO.2 TO
THE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT
AGENCY AND KIMLEY-HORN AND ASSOCIATES, INC., APPROVED
UNDER RESOLUTION NO. 99-23073, 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 STREETS CAPE PROJECT, AND THE
APPROPRIATION IN THE AMOUNT OF $1 MILLION BY THE MIAMI
BEACH REDEVELOPMENT AGENCY.
ADMTNTSTRA TION RRCOMMENDA TION
Adopt the Resolution.
BACKGROUND
On January 20, 1999, the City Commission authorized the Administration to negotiate an agreement
with Kimley-Horn 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 was in the amount of$3.8 million was
appropriated.
The South Pointe Advisory Board, at its May 4, 1999 meeting approved unanimously Amendment
No.1 to the Kimley-Horn agreement for construction documents for Phase I and reaffirmed the
priority listing for the project. On May 12, 1999, the City Commission deferred the ratification of
Amendment No.1 to the professional services agreement with Kimley-Horn and Associates, Inc.
for Phase I of engineering and landscape architectural services, pending verification of the proposed
AGENDAITEM~
DATE ~-2~-C}~
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infrastructure improvements contained in the 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 ofthe 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 Portofino DRI was received on March 1, 1999, thereby triggering
the start date for items with completion deadlines contained in the Portofino Settlement Agreement.
As part of the 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 back into City right-of-way, and construct roadway streetscape
improvements (Attachment No.1).
The proposed Washington Avenue extension work, required under the Porto fino 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-Horn and Associates 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
$170,760
$389,100
Finalize Master Streetscape Plan and survey services/Phase L
Phase I - construction documents, permitting and bidding
servIces.
Washington Avenue Extension/Portofino Settlement
Agreement. Survey, master plan, construction documents,
permitting and bidding services.
Amendment No. 2
$103,800
CONCI,USION
The Administration recommends that the Mayor and City Commission ratify Amendment No.2 to
the agreement with Kimley-Horn and Associates, Inc. for professional engineering and landscape
architectural services and the appropriation of funding in the amount of $1,000,000 by the South
pOint~:Xidevtopment Agency for the Washington A venue roadway extension.
S~MC/J IMS ~
F:\WORKISALLIMERCED \COMMEM0\E42899SP.RDA
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 U~ )."' , 1999, to tllat certain Agreement, dated
October 21, 1999, by and between the City of laml Beach, Flonda (City) and Klmley-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 A venue roadway extension improvements within one year from the date of final DR!
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 timeline set forth in the Settlement Agreement, and
continue the same design and construction elements. the contract w-ith Kimley-Hom and Associates
for the South Pointe Streetscape Prcjc'2[ SlEluld be amended to provide [.Jr professionalengineering
and landscape architectural services required for the \Vashington 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/F ee", 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:
~~cf~~
CITY OF MIAMI BEACH
1J!)
By
MAYOR
SEAL
ATTEST:
CORPORATE SEAL
SECRETARY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F.\WORK\$ALLIVGKICOMMEMO\OTHERIKHAA2 WPD
4J1~
Ciiy mey
<;/~V99
~=~
Kimley-Horn
and Associates, Inc.
Washinb'ton Ave. Extension. May 10. 1999. Page 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 performed 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 performed 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 DIM will be developed for the project area. A topographic
""lM .!"""""r \v:1' I."" ..l~"el ~~e'~ fier t!.,"" p.,.1..>S.....t....n p-""""""..,.,d" a-a., ('In a""'''s \vhere tlhe-'"
.t-"L_h ~~.......... .~l L;....I",;.....~ ,l.,,;i"'.... ..1.... '"......... 1..L .;.I...!. -l....dd....q......... ;,ow.... .......... ,....
is no r~.5~er I=:1:J.;~).
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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 performed.
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 easements.
Task 2 - Master Plan/Schematic Design Phase
This phase includes those services necessary to prepare concept drawings and other
documents illustrating the genera! scope, scale and relationship of the project
components. \Ve will reviev..' applic:J.ble loc:J.I ordir::J.nces, and review the City's design
~=n
Kimley-Horn
and Associates, Inc.
WJshinl,'1on Ave. E.,rension. MJY 10. 1999. PJge 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 II paving
3. Landscape Plantings
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 Washingtonl3rd/Euclid 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'
(! 1"' x IT). utilizing the existing R.1st~~ a~~bl b.1g'~ry (ocr.1:r:ed for Phase 1), addition:!l
f~!d s:...:rvey a::d th~ :l?prJ';_e..: rr:e ~bs~er Pl;J.i":. \\'~ will d~'ielo? a 30'% design pbn based
upon the approved typical 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 Cit), of Miami Beach staff to review the 30% design
plans. The purpose of the meeting will be to review the 30% plan, solicit commen.ts
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 se~ cfredlined plans, identifying 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
and Associates, Inc.
W..,hinb'ton Ave. E~tension. May \0. 1999. P.ge 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 permit applications. Kimley-Hom 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
information provided by the respective utility owners, will be added to the plans.
:; Sign ing and paveme:1t marking F brls \vill be: F~~~red at a sCJle of I" == 40' (11" x
I 7").
4
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, serv'ice ppints
will be sho\vn on the roadway construction plans.
8. NPDES erosion 'control plans.
3.2 Construction Documents
The plan set ..vill include the following:
1. Plan and pr'Jfi!e shee!s fOf the extension of Washington Avenue and the existing
parking lot. One sheet each will be prepared overlaying the existing Raster imagery.
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Kimley-Horn
and Associates, Inc.
Washington Ave. Extension. May \0. 1999. Page ~
These sheets will be prepared at a scale of I "=40' (based upon II"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 information on the top
hal f of the sheet and the parking lot information on the bottom hal f. These sheets
will be prepared at a scale of 1 "=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 I"
= 40' (11" x 17") 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
information at plaza feature which cannot be conveyed completely on horizontal
control plans.
7. Typical Sections and Area Enlargements - Provide details and information at special
features which cannot bl.: conveyed completely on the Horizontal Control Plans.
8. Irrigation and Electrical Plans - These sheets will be prepared at a scale of I" = 40"
(II" x 17") and will identify irrigation requirements, location of irrigation lines and
control equipment as well as electrical service point locations.
9. Hardsc:lpe, Softsc:lpe, Irrig:ltion, and Electric:ll Det:lils - Details required for
implementation of the design.
10. Miscellaneous Details - Construction details.
II. Lighting Service Point detaiL
12. Pole Data and Coded Notes - Sheet will identify street light poles, their lighting
c:rc-..:it, rnot.:r:r:ng h<:~:gh[ :lnd W:ltt.1g~ as \vell as the codec notes for the wiring
s.:::~:r:att::.
13. Special Lighting detail 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 FDOT construction details.
Plan set summary of estimated sheets: I
Typical Sections
Plan and Profile Sheets
Signing and Pavement Marking Plan
Landscape Horizontal Control Plan
Special Feature Plaza Enlargement
Typical Sections and Area Enlargements
Irrigation and Electrical Plans
Hard/Softsc:lpe, Irrigation and Electrical Details
Miscdlaneous Details
Lighting Service Point Details
1
2
1
I
1
1
I
4
1
1
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Kimley-Horn
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WilShington Ave. E.,rension. May 10. 1999, Page 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"
watermain from the existing easement along the Porto fino tower to the proposed
extension of Washington A venue. 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 watermain 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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The Consult~nt shall prepare specitications 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.
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Task 5 - Utility Coordination
,
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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 their 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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Kimley-Horn
and Associates, Inc.
W;uhington Ave. E.<lension. ~l.1y 10. 1999. Page 6
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 permits will be required for the roadway and park improvements
from the following agencies:
· DERM - Water Quality Class II permit.
· DERlvl - 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 permit issues identified at the review meeting will be addressed
during the preparation of the plans. Kimley-Horn will prepare the permit 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 permit 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 permit 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 will be conducted on the project area. During the analysis, the
volume of stormviater runoff will be calculated from the design storm, the capacity of
the existing storm water collection system will be evaluated. Following the calculation of
excess stormwater volume, an analysis of will be conducted to establish a method to
F()';id~ wa:e;-qu:J.liry t:e::!.tr:-:~:1t goals. Va::ous m~:hcds including on-site disposal, oi1-
water separators, and! sedimentation sumps, will 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. The conceptual design will include locations and capacities of catch basins and
localized disposal systems (e.g., French drains and drainage wells), a listing of details to
include into drainage features.
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Prior to beginning the final design and permitting process, we will conduct a pre-
application meeting with the DER,;.'vL During this meeting, the conceptual design will be
revie'.ved. Meeting minutes will be prepared.
An Environmental Resources Permit (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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Kimley-Horn
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Washington Ave. E.~lension. May 10. 1999. P3~e 7
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 penn it application fonn will not contain a Class II section for
any proposed wells. The Class II penn it 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.
Ac ,=: ~=or.:11 S~:-'iices ,
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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:
· PreiJaration of right of way acquisition sketches or descriptions.
· Significant redesigns of the drainage system to meet additional DER..\-1 requirements.
· Conducting subsurface geotechnical investigations.
· Providing construction phase services.
· Preparation of permit 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
and Associates, Inc.
WJShin.'lon Ave. E..lension, May la, 1999, PJ~. 8
COMPENSA TION
We will provide the services described in Tasks I through 8 for the lump sum amounts
(not including direct expenses) outlined below.
Task Description Lump Sum Fee
KHA DPZ
1 Survey......................................................................... $8,500
2 Master Plan/Schematic Design ....:.,......................... $9,500 ...........$5,000
Sub Total.................................................................... $ 18,000 ........... $5,000
Basic Services
3 Construction Documentation ................................ 555,000
4 City Water and Sanitary Sewer Relocations .......... $3,000
Sub Total.................................................................... 558,000
Specialty Services
5 Utility Coordination ................................................. 53,000
6 Perm i ttin g.................................................................. 57,800
7 Seq uence 0 r Construction ......................................... 51,000
8 Public Meetings and Presentations ..........................5~,500
Sub Total.................................................................... S 16,.300
Reimbursement3
Ceo tee h nical .............................................................. S"',OOO
Direct E.'cpenses ........................................................ S2,500
.. .. - - ' "- \. , ., . ~.... '.. _. ~ n
ExhibitlC"
SCHEDULE
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We will provide the services outlined in task 1 through 8 in accordance with a mutually
agreeable time frame behveen the City and Kimley-Horn to coincide with the South
Pointe Phase I submittals.
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