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Home My WebLink About2003-25333 Reso RESOLUTION NO. 2003-25333 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AS ATTACHED HERETO, FOLLOWING A DULY NOTICED PUBLIC HEARING, A GROUND LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE NEW WORLD SYMPHONY, A NOT-FOR-PROFIT FLORIDA CORPORATION, FOR THE LEASE OF AN APPROXIMATELY 50,000 SQUARE FOOT PARCEL OF LAND, CURRENTLY IMPROVED WITH A SURFACE PARKING LOT, IN AN AREA, AS SHALL BE DETERMINED BY THE MAYOR AND CITY COMMISSION FOLLOWING APPROVAL OF A PROJECT DESIGN AAS SAID TERM IS DEFINED IN THE DEVELOPMENT GREEMENT BETWEEN THE PARTIES), BOUNDED BY 17TM STREET TO THE NORTH, NORTH LINCOLN LANE TO THE SOUTH, WASHINGTON AVENUE TO THE EAST AND PENNSYLVANIA AVENUE TO THE WEST; AND FURTHER WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; FURTHER APPROVING SAID GROUND LEASE AND THE DEVELOPMENT AGREEMENT BETWEEN THE PARTIES SUBJECT TO AND CONTINGENT UPON THE PARTIES' RESPECTIVE BOND COUNSEL'S REVIEW OF THE LEASE AGREEMENT AND THE DEVELOPMENT AGREEMENT, SAID REVIEW TO BE ON AN EXPEDITED BASIS. WHEREAS, concurrent with completion of the first phase of the 17th Street Master Plan study by Zyscovich, Inc., in October, 2001 (Master Plan), the Administration has been in negotiations with the New World Symphony (NWS) regarding its proposed lease of an approximately 50,000 square foot parcel of land, to be identified on a portion of the 17th Street Surface Parking Lot, to accommodate the development and construction of an approximately 50,000 square foot educational, performance, and internet broadcast facility with an exterior screen, referred to as "Soundspace"; and WHEREAS, concurrent with the negotiations of the aforestated Ground Lease, the City and NWS have also negotiated a Development Agreement, which along with the Ground Lease, will govern and set forth the parties' responsibilities relative to the design, development, construction, operation and maintenance of Soundspace, as well as an adjacent 320(+/-) public parking garage facility; and WHEREAS, concurrent with the negotiations, the NWS has and continues with its outreach initiative, scheduling meetings with various Citywide committees to advise on the Symphony's expansion plans and to obtain community input relative to the proposed Project; and WHEREAS, since January, 2003, NWS has presented its plans and proposed terms before the Cultural Arts Council, the Lincoln Road Marketing Association, the Convention Center Advisory Board, the Tuesday Morning Breakfast Club, the Parking and Transportation Committee, the Land Use and Development Committee and the Finance and Citywide Projects Committee; and WHEREAS, on July 2nd , 2003, the City Commission voted to expand the scope of the Development Agreement to encompass the east surface lot as well, in order to provide the NWS' Architect, Gehry Partners, Ltd., with greater flexibility in the design of the Project; and WHEREAS, on July 30, 2003, following a duly noticed Public Hearing, the Development Agreement was approved by the City Commission on first reading; further, it is the Administration's intent to present the Development Agreement for second and final reading, concurrent with the Ground Lease attached herein; and WHEREAS, in accordance with the provisions of Ordinance No. 92-2783 (Shapiro Ordinance), the lease of any City-owned property, including this Ground Lease, for a period of more than five years, including option years, is subject to a public hearing process, a City Planning Department analysis, a public bidding requirement, and appraisal requirements; the Ordinance further provides for the waiver of the competitive bidding and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly notice public hearing, hereby approve in substantial form, as attached hereto, a Ground Lease Agreement between the City of Miami Beach and the New World Symphony, a not-for-profit Florida Corporation, for the lease of an approximately 50,000 square foot parcel of land, currently improved with a surface parking lot, in an area, as shall be determined by the Mayor and City Commission following approval of a project design (as said term is defined in the Development Agreement between the parties), bounded by 17th Street to the North, North Lincoln Lane to the South, Washington Avenue to the East and Pennsylvania Avenue to the West, for construction of an approximately 50,000 square foot educational, performance, and intemet broadcast facility with an exterior screen ("Soundspace"), and an approximately 320-space (+/-) public parking garage facility; and further waiving, by 5/7ths vote, the competitive bidding and appraisal requirements; as required by Section 82-39 of the Miami Beach City Code, finding such waiver to be in the best interest of the City; further approving said Ground Lease and the Development Agreement between the parties, subject to and contingent upon the parties' respective bond counsel's review of the Ground Lease Agreement and the Development Agreement, said review to be on an expedited basis. PASSED and ADOPTED this 10th day of September, 2003. /o~t,~ MAYOR' ATTEST: CITY CLERK Resolution No. 2003-25333 JMG:CMC:kob T:~Agend a~2003\Sep03\NW S_DevAgreement_ms.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. ~--~ To: From: Subject: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ;.. ~ City Manager NEW WORLD SYMPHONY - ALTERNATE SITE - FRANK GEHRY LETTER Date: September 8, 2003 In connection with items R7F and R7G on the September 10, 2003 City Commission Agenda relative to the New World Symphony, attached please find a letter from Gehry Partners, LLP regarding the Alternative Site also known as TOPA Lot. The letter summarizes Frank Gehry's findings and the limitations imposed by the alternate site. If you have any questions, please contact me. JMG\~['C\rar F:~cmgr~$ALL\LTC-03~NW S GehryLelters.CMC,rar.doc c: Christina M. Cuervo, Assistant City Manager David Kelsey Supplemental Information - 9/10/03 City Commission Agenda Agenda Item ~'~'-/~'~ Date ~ "/~ ~ ~.~ September 5, 2003 Gehry Partners, LLP F rank Ge}try Jim Glymph Randy Jefferson Terry Bell Edwin Chan George Metzger Marc Salette Craigwebb Howard Herring President and CEO New World Symphony 541 Lincoln Road Miami Beach, FL 33139 Via E-mail howardh@nws.org Dear Howard, After careful consideration of the documents I received under the David Kelsey cover letter, I must tell you that limitations of the alternate site make it unacceptable for the following reasons: 1. The visual Impact of a structure sited within the Master Plan area is powerful. The building and surrounding developments will be visible from Lincoln Road, Washington Avenue, 17th Street, and the Convention Center. In contrast, the alternate site hides Soundspace from Washington Avenue and Lincoln Road. 2. The alternate site forces Soundspace between two buildings, restricting the number of facades, a needless limitation given the several areas we are considering on the Master Plan site. 3. On the alternate site, access to the building would be constrained, an especially important fact in light of your desire to make the structure an integral part of the Miami Beach experience for residents and visitors. 4. Them should be a rational nexus between Soundspace and Lincoln Road. The program for Soundspace calls for audiences to move directly from Lincoln Road to Soundspace performances. Such an impulse decision demands proximity. Likewise, we want the audience to spill onto Lincoln Road after performances. Such a natural flow of foot traffic demands near proximity. S. There is a functional correlation between Soundspace and the Lincoln Theatre. As ! understand the program, the Lincoln Theatre will still be in daily use for rehearsals. Movement of musicians and instruments across a major thoroughfare to the alternate site makes little sense when the Master Plan site has only Lincoln Lane as a minor barrier. Soundspace is intended to be an extension of the New World Symphony campus. A similar consideration is the size of Soundspace as it is defined. At the further distance of the alternate site, the bUilding will likely be forced to accommodate program functions currently housed in the Lincoln Theatre. Increased size will mean increased construction cost. 6. The screen on the side of Soundspace will be an Integral part of the architecture as well as a focal point for the public space surrounding the building. On the alternate site, such a grand public statement is impossible because there is no outdoor public viewing area. ~2541 Beatrice Street, Los Angeles, California 90066 Tel: 310,482.3000 Fax: :3[0.482.3006 Gehry Partners, LLP 7. We recognize that parking is a major issue in Miami Beach as it is in all urban areas. ! have reviewed the Plaster Plan and find that It addresses the future parking needs of the City. Ny experience tells me that the fears about parking indicated by the alternate site material are unwarranted. As you know from our past conversations, I can only undertake a small fraction of the projects proposed to me. ! chose Soundspace because it is building that will influence the future of music, support the important work of the New World Symphony, and have a lasting impact on the City of Hiaml Beach. You and the City of Miami Beach are about to make a major investment in the project. You should give it every chance for success. That begins by giving me the latitude to select a building site as the Plaster Plan allows, not in a restricted area proposed in the alternate plan. 12541 Beatrice Street, Los Angeles, California 90066 Tel: 310.482.3000 Fax: 310.482.3006