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HomeMy WebLinkAbout447-2003 RDA Reso RESOLUTION NO. 447-2003 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY ACCEPTING A GRANT OF A TEMPORARY BAYWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AND FURTHER APPROPRIATING AN AMOUNT NOT TO EXCEED $60,000 FROM SOUTH POINTE TAX INCREMENT FUNDS, FOR THE OPERATION AND MAINTENANCE OF A TEMPORARY PEDESTRIAN BAYWALK TO BE LOCATED ON THE ALASKA PARCEL TEMPORARY PARKING. WHEREAS, in November 1995, the City of Miami Beach, the Miami Beach Redevelopment Agency and the Portoflno Group entered into a Development Agreement which was terminated in June 1997; WHEREAS, in October 1998, the parties entered into a Settlement Agreement that transferred the deed to SSDI-North (which was held in escrow) to West Side Partners, Limited and sets forth the obligations of the parties with respect to the Development of SSDI-North and SSDI- South parcels; and WHEREAS, as part of the Settlement Agreement between the City of Miami Beach, the Miami Beach Redevelopment Agency and West Side Partners Limited, it Was contemplated that West Side Partners would develop the SSDI-North parcel in two stages; and WHEREAS, the Developer, The Related Companies (TRG), which purchased the property from West Side Partners, commenced the development of the SSDI-North parcel in September 2001; and WHEREAS, construction on SSDI-North consists of two high rise towers and related amenities as approved and reflected in the concept plan, modified by Resolution No. 2001-24349 adopted by the City Commission on April 18, 2001; and WHEREAS, construction sequence requirements dictate that construction initiate along the southerly portion of SSDI-North which must be completed before the northerly portion is developed and accordingly, several pre-construction activities are occurring on $SDI-North and adjacent properties to support the proposed Murano Grande construction activities; and WHEREAS, the City of Miami Beach and the Redevelopment Agency have certain obligations pursuant to the Settlement Agreement for the pre-construction activities, namely that the City and its Lessee, the Miami Beach Marina, would be granted, via a Parking License Agreement, parking spaces on the Portofino Parcels (Alaska, Goodman, Hinson, and "Block 51" Parcels) to replace the same number of parking spaces no longer available on SSDI-North because of the construction of the Murano Grande and ICON projects; and WHEREAS, a Parking License was executed among West Side Partners, the Alaska, Goodman and Hinson Parcel property owners, the City of Miami Beach, and the RDA, and Portofino is also locating approximately 34 spaces on "Block 51", which fronts Commerce Street; and WHEREAS, this parcel has been included in a Supplemental Agreement approved by the RDA Board on July 18, 2001; and WHEREAS, the City built the substitute parking (440 spaces); and WHEREAS, during the planning and design of the Alaska Temporary Parking Area, the Planning Board required the construction of a temporary baywalk adjacent to the Alaska Parcel and it was determined that the proposed temporary baywalk extension shall be approximately 500 feet in length and will be located adjacent to the existing perimeter fence of the Alaska Parcel Temporary Parking Facility, and will be located approximately ten to 50 feet from the existing edge of water; and WHEREAS, the underlying property owner has agreed to grant the City/RDA a temporary non-exclusive baywalk access easement over and upon the setback area solely for the purposes of public access for and to allow the City/RDA to construct, operate, and maintain a temporary baywalk upon the Temporary Easement Parcel for the duration of the period of time that the Alaska Bayfront Assemblage is utilized for temporary parking purposes, which term may only be expanded by mutual consent of the parties; and WHEREAS, the proposed Temporary Baywalk Access Easement, requires that the City/RDA provide, at its cost and expense, insurance and maintenance for the baywalk, and gates at each end of the temporary baywalk to restrict access between sundown and sunset; and WHEREAS, since the baywalk features also include landscaping and irrigation alongside the waterside edge to discourage users from leaving the concrete surface and wandering to the shoreline and/or dilapidated seawall, it is necessary to provide liability insurance coverage, maintenance of the landscaping, and security of the premises, estimated to cost up to $128,525 per year; and WHEREAS, upon the completion of the use of the Alaska Bayfront Assemblage Temporary Parking Area, the City/RDA is obligated to remove the temporary baywalk from the premises; and WHEREAS, it is anticipated that the ICON project on SSDI/North will be completed in the fall of 2004; and WHEREAS, in order to proceed with the requirements of previous obligations, it is necessary and recommended that the Board accept a Temporary Baywalk Access Easement, in substantially the attached form, and appropriate an amount not to exceed $128,525 from South Pointe Tax Increment Funds for the operation and maintenance of a temporary pedestrian baywalk to be located on the Alaska Parcel. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and Members of the Miami Beach Redevelopment Agency accepts a Temporary Baywalk Access Easement, in substantially the attached form, and appropriates an amount not to exceed $160,000 from South Pointe Tax Increment Funds for the operation and maintenance of a temporary pedestrian baywalk to be located on the Alaska Parcel.  ASSED AND ADOPTED this 19t~ day of March, 2003. CHAIRMAN ATTEST: SECRETARY ~A~TO FOFU~&~~ & FOR EXECUTION REDEVELOPMENT AGENCY COMMISSION ITEM SUMMARY Condensed Title: IA resolution accepting a grant of a Temporary Baywalk Easement, in substantially the attached form, and appropriating an amount not to exceed $60,000 from South Pointe Tax Increment Funds, for the operation and maintenance of a temporary pedestrian baywalk to be located on the Alaska Parcel temporary parking. issue: Shall the Chairman and Members of the Redevelopment Agency accept the grant of a Temporary Baywalk Easement and appropriate up to $60,000 from the South Pointe Tax Increments Funds for the operation and maintenance of a temporary pedestrian baywalk on the Alaska Parcel? Item Summary/Recommendation: Adopt the resolution. Advisory Board Recommendation: Planning Board approved - October 22, 2001 Financial Information: Source of Amount Account Approved Funds: '1 $60,000 South Pointe Funds 2 3 4 Finance Dept. Total $60,000 City Clerk's Office Legislative Tracking: Christina M. Cuervo/Anna Parekh Sign-Offs: Department Director Assistant City Manager City Manager I T:'~AGEN D^~2003~nar1903\rd a\BaywalkEase me ntS ~rfl'm a ry. od~'~ DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 '~'.;%'. ci. miam H3e ach .fl. us REDEVELOPMENT AGENCY MEMORANDUM TO: From: Subject: Chairman and Members of the Board Date: March 19, 2003 Of the Miami Beach Redevelopment Agency Jorge M. Gonzalez Executive Director A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY ACCEPTING A GRANT OF A TEMPORARY BAYWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AND FURTHER APPROPRIATING AN AMOUNT NOT TO EXCEED $60,000 FROM SOUTH POINTE TAX INCREMENT FUNDS FOR THE OPERATION AND MAINTENANCE OF A TEMPORARY PEDESTRIAN BAYWALK TO BE LOCATED ON THE ALASKA PARCEL TEMPORARY PARKING. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: In November 1995, the City of Miami Beach, the Miami Beach Redevelopment Agency and the Portofino Group entered into a Development Agreement which was terminated in June 1997. In October 1998, the parties entered into a Settlement Agreement that transferred the deed to SSDI- North (which was held in escrow) to West Side Partners, Limited and sets forth the obligations of the parties with respect to the Development of SSDI-North and SSDI-South parcels. As part of the Settlement Agreement between the City of Miami Beach, the Miami Beach Redevelopment Agency and West Side Partners Limited, it was contemplated that West Side Partners would develop the SSDI-North parcel in two stages. The Developer, The Related Companies (TRG), which purchased the property from West Side Partners, commenced the development of the SSDI-North parcel in September 2001. Construction on SSDI-North consists of two high dse towers and related amenities as approved and reflected in the concept plan, modified by Resolution No. 200t-24349 adopted by the City Commission on April 18, 2001. Construction sequence requirements dictate that construction initiate along the southerly portion of SSDI-North which must be completed before the northerly portion is developed. In connection with this construction, several pre-construction activities are occurring on SSDI-North and adjacent properties to support the proposed Murano Grande construction activities. The City/RDA has certain obligations pursuant to the Settlement Agreement for the pre-construction activities. The Agreement contemplated that the City and its Lessee, the Miami Beach Madna, would be granted, via a Parking License Agreement, parking spaces on the Portofino Parcels (Alaska, Goodman, Hinson, and "Block 51, Parcels) to replace the same number of parking spaces no longer available on SSDI-North, due to construction of the Murano Grande and ICON projects. The Parking License was executed among West Side Partners, the Alaska, Goodman and Hinson Parcel property owners, the City of Miami Beach, and the RDA. Portofino is also locating approximately 34 spaces on "Block 51', which fronts Commerce Street. This parcel has been included in a Supplemental Agreement approved by the RDA Board on July 18, 2001. To this end, the City built the substitute parking (440 spaces). Once the projects are completed, the temporary March 19. 2003 RDA - Commission Memorandum Easement and Appropriation - Baywa/k at Alaska Parce/ Page 2 of 3 parking shall be returned to its existing condition. During the planning and design of the Alaska Temporary Parking Area, the Planning Board required the construction of a temporary baywalk adjacent to the Alaska Parcel. The baywalk improvements and standards, i.e., paving, lighting, landscaping and drainage are the City Code and Planning Board minimum requirements for conditional approval for a temporary parking lot. The limits of this baywalk were to be from the existing baywalk located adjacent to the SSDI South project to the Washington Avenue Extension. This construction would essentially connect two existing portions of the baywalk adjacent to the Miami Beach Marina and to the South Pointe Park. After the Planning Board Order, issued on October 22, 2001, the Mayor and City Commission opted to not perform the shoreline stabilization and baywalk improvements due to the estimated cost of $2.7 million, and instead, on May 29, 2002, approved a capital improvement budget of $171,000 for the construction costs of a temporary pedestrian baywalk which will consist of a 12 to 18 foot wide sidewalk constructed of gray colored concrete. The proposed temporary baywalk extension shall be approximately 500 feet in length and will be located adjacent to the existing perimeter fence of the Alaska Parcel Temporary Parking Facility. This temporary baywalk will be located approximately ten to 50 feet from the existing edge of water. The baywalk is intended for pedestrian traffic only and is protected from vehicular traffic by bollards at either end. The underlying property owner has agreed to grant the City/RDA a temporary non-exclusive baywalk access easement over and upon the setback area solely for the purposes of public access for and to allow the City/RDA to construct, operate, and maintain a temporary baywalk upon the Temporary Easement Parcel for the duration of the period of time that the Alaska Bayfront Assemblage is utilized for temporary parking purposes. The term of the temporary easement may only be expanded by mutual consent of the parties. The proposed Temporary Baywalk Access Easement, which is attached for your perusal, requires that the City/RDA provide, at its cost and expense, insurance and maintenance for the baywalk, and gates at each end of the temporary baywalk to restrict access between sundown and sunset. This correlates with the hours of operation of the adjacent South Pointe Park. The easement also requires that a fence be installed around the existing boat basin to prevent the public from loitering and/or fishing from this area. Additionally, since the baywalk features also include landscaping and irrigation alongside the waterside edge to discourage users from leaving the concrete surface and wandering to the shoreline and/or unimproved seawall, it is necessary to provide liability insurance coverage, maintenance of the landscaping, and security of the premises. Attached are copies of estimates from private companies for the costs of these operational and maintenance items, which are summarized below: $16,341.51 per year for commercial general liability as outlined in the attached quote from NSI Insurance Group; $4,992 per year for weekly trash pick-up, weed removal, and hedge trimming every three to four weeks as outlined in the attached quote from county Bill's Lawn Care, Inc.; Approximately $35,730.24 per year for a uniformed unarmed security officer at an hourly rate of approximately $12.27 (8 hours per day x 52 weeks) March 19, 2003 RDA - Commission Memorandum Easement and Appropriation - Baywalk at Alaska Parcel Page 3 of 3 Upon the completion of the use of the Alaska Bayfront Assemblage Temporary Parking Area, the City/RDA is obligated to remove the temporary baywalk from the premises. It is anticipated that the ICON project on SSDI/North will be completed in the fall of 2004. In order to proceed with the requirements of previous obligations, it is recommended that the Board accept a Temporary Baywalk Access Easement, in substantially the attached form, and appropriate an amount not to exceed $60,000 from South Pointe Tax Increment Funds for the operation and maintenance of a temporary pedestrian baywalk to be located on the Alaska Parcel. JMG/PDW/C~/AR/AP F:~DHP~$ALL~Anna~South Pointe~BaywalkEasementMemo.doc