20130911 SM2MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 11, 2013
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tobin
Commissioner Jorge R. Exposito
Commissioner Michael Gongora
Commissioner Jerry Libbin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jim my L. Morales
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C7 • Resolutions
C7K A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms. Pursuant To Request For Proposal (RFP) No. 177-2013ME, For Pay-By-Phone
Services; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked
Proposer, Parkmobile USA, Inc.; And Should The Administration Not Be Successful In
Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The
Second-Ranked Proposer, Pay By Phone Technologies, Inc.; And Should The Administration
Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer,
Authorizing Negotiations With The Third-Ranked Proposers, Pango USA And Passport Parking
(Tie); And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon
Conclusion Of Successful Negotiations By The Administration.
(Parking/Procurement)
(Resolution)
1
Supplemental Agenda, September 11, 2013
C7 • Resolutions (Continued)
C7P A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee
To Implement A Mass Transit Circulator Loop In North Beach And To Work With Miami-Dade Transit
To Implement A North-South Express Bus Service To Connect A North Beach Circulator To South
Beach.
(Public Works)
(Resolution)
C7U A Resolution Approving And Authorizing The Placement Of Twenty (20) Banners For The Miami Book
Fair International, To Be Held November 22-24, 2013, In The City Of Miami, As Requested By The
Applicant At The Following Locations: Fifth (5th) Street, Between Alton Road And Ocean Drive;
Collins Avenue, From Fifth (5th) Street To Tenth (1Oth) Street; Washington Avenue, From Fifth (5th)
Street To Lincoln Road; And MacArthur Causeway From Fountain Drive To Terminal Island; Said
Banners To Be Affixed To Light Poles In The Public Right-Of-Way, Measuring 3 Feet X 7 Feet And
Having Copy And Design As Shown On The Attached Drawings (Exhibit A); To Be Installed And
Removed In Accordance With All Other Applicable City Requirements; Banners To Be Installed No
Earlier Than October 24, 2013, And Removed By November 25, 2013.
(Tourism, Culture & Economic Development)
(Resolution}
R5 -Ordinances
R5C Minimum Unit Sizes For Historic Hotels And RM-2 Tower Setbacks
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," By Amending Article II,
"District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending
Section 142-155 To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels
Within The RM-1 District; By Amending Section 142-217 To Modify The Requirements For Minimum
Hotel Room Size For Historic Hotels Within The RM-2 District; By Amending Section 142-218 To
Modify The Tower Setback Requirements Within The RM-2 District; By Amending Section 142-246 To
Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The RM-3
District; Providing For Codification; Repealer, Severability And An Effective Date. 10:45 a.m. Second
Reading Public Hearing
(Requested by the Land Use & Development Committee)
(Legislative Tracking: Planning Department)
(First Reading July 17, 2013)
{Ordinance}
2
Supplemental Agenda, September 11, 2013
R5 ·Ordinances (Continued)
R5H Palm View Hotel Uses
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 3,
"Residential Multifamily Districts," Subdivision IV, "RM-2 Residential Multifamily, Medium Intensity," To
Limit Hotels As Hereinafter Provided In The Palm View Corridor To Those Existing As Of May 28,
2013; Defining The Palm View Corridor As All Properties Abutting The West Side Of Meridian Avenue
Between 17th Street And Collins Canal; Defining The Rights Of Existing Hotels As Legal Conforming
Uses; To Exclude Outdoor Entertainment Establishments And Outdoor Entertainment From Permitted
Hotel Accessory Uses; To Add Hotels As A Prohibited Use Within The Boundaries Of The Palm View
Corridor Of The RM-2 District; Acknowledging State Pre-Emption Of Short Term Rental Regulations;
Providing Rules For Cessation And Resumption Of Hotel Uses; And Providing For Codification;
Repealer, Severability And An Effective Date. 5:15p.m. First Reading Public Hearing
(Requested by the Land Use and Development Committee)
(Legislative Tracking: Planning Department)
(Ordinance)
R51 West Avenue Hotel Uses
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 3,
"Residential Multifamily Districts," Subdivision IV, "RM-2 Residential Multifamily, Medium Intensity";
And By Amending Subdivision V, "RM-3 Residential Multifamily, High Intensity," To Limit Hotels As
Hereinafter Provided In The West Avenue Corridor To Those Existing As Of May 28, 2013; Defining
The West Avenue Corridor As That Area Bordered By Collins Canal To The North, Alton Road To
The East, Biscayne Bay To The West And 6th Street To The South; Defining The Rights Of Existing
Hotels As Legal Conforming Uses; To Exclude Outdoor Entertainment Establishments And Outdoor
Entertainment From Permitted Hotel Accessory Uses; To Add Hotels As A Prohibited Use Within The
Boundaries Of The West Avenue Corridor Of The RM-2 And RM-3 Districts; Acknowledging State
Preemption Of Short Term Rental Regulations; Providing Rules For Cessation And Resumption Of
Hotel Uses; And Providing For Codification; Repealer, Severability And An Effective Date. 5:20 p.m.
First Reading Public Hearing
(Requested by the Land Use and Development Committee)
{Legislative Tracking: Planning Department)
(Ordinance)
R5J RM-3 Accessory Use Signage
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 138, "Signs," By Amending Article V, "Sign Regulations By District," By
Amending Section 138-171, "General Provisions," To Modify The Requirements For Hotels And
Apartment Buildings Within The RM-3 District, And By Amending Section 138-172, "Schedule Of Sign
Regulations For Principal Use Signs," To Modify The Requirements For Hotels And Apartment
Buildings Within The RM-3 District; Providing For Codification; Repealer; Severability; And An
Effective Date. First Reading
(Requested by the Land Use and Development Committee)
(Legislative Tracking: Planning Department)
(Ordinance)
3
Supplemental Agenda, September 11, 2013
RS-Ordinances (Continued}
R5R An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By
Amending Article V, Entitled "City.Nide Recycling Program For Multifamily Residences And
Commercial Establishments" By Amending Section 90-340, Entitled "Recycling Program And
Separation Of Recyclable Materials From Solid Waste Stream Required For Multifamily Residences
Of Nine (9) Dwelling Units Or More; Owner/Association Liability; Recycling Contractors' Assistance,"
To Apply To Multifamily Residences Of Two (2) Or More Dwelling Units; Providing For Repealer
Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Jerry Libbin)
(Legislative Tracking: Public Works)
(Ordinance)
R7 ~ Resolutions
R?M Vacation Of Alleyway-500 Alton Road
A Resolution Vacating An Alley Located In The 500 Block Of Alton Road, Containing Approximately
6,005 Square Feet, In Favor Of The Adjacent Property Owners, South Beach Heights I, LLC, 500
Alton Road Ventures, LLC, And 1220 Sixth, LLC; Ratifying The Closure Of The Linear Alley
Previously Approved By Resolution 2005-25869; Waiving By 5/7th Vote The Competitive Bidding
Requirements As Required By Section 82-39 Of The City Code; Imposing Conditions For Such
Vacation As Are Appropriate Under The Circumstances; And Authorizing The Mayor And City Clerk
To Execute The Closure Documents, And To Accept The Grant Of Easement And Agreement For
Storm Water And Transportation Improvements, Subject To Final Approval Of Such Documents By
The City Manager And City Attorney. 12:00 p.m. Second Reading Public Hearing
(Public Works)
(First Reading on July 17, 20 13/Referred to FCWPC)
{Resolution & Grant of Easement/Agreement)
R7P A Resolution Approving An Amendment To The Professional Services Agreement Entered Into On
December 22, 2010 With Camp Dresser & McKee, Inc (COM) For Additional Work On The
Stormwater Master Plan In The Amount Of $57,804.00 Relative To Neighborhood Concurrency
Reviews, A Public Meeting, And Additional Model Runs Requested As A Result Of The Public
Meeting And Authorizing And Directing The City Manager And The City Attorney's Office To Finalize
The Amendment And Further Authorizing The Mayor And City Clerk To Execute The Final Amended
Agreement.
(Public Works)
(Resolution)
4
Supplemental Agenda, September 11, 2013
R7-Resolutions (Continued)
R7Q A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Firms, Pursuant To Request For Proposal (RFP) No. 095-2013ME, For The Comprehensive
Professional Tennis Management And Operations Services At The City's Flamingo And North Shore
Park Tennis Centers; Authorizing The Administration To Enter Into Negotiations With The Top-
Ranked Proposer, Miami Beach Tennis Management, LLC; And Should The Administration Not Be
Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations
With The Second-Ranked Proposer, Cliff Drysdale Management, Inc; And Should The Administration
Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing
Negotiations With The Third-Ranked Proposer, Jane Forman Sports; And Should The Administration
Not Be Successful In Negotiating An Agreement With The Third-Ranked Proposer, Authorizing
Negotiations With The Fourth-Ranked Proposer, Greensquare, Inc; And Further Authorizing The
Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
(Parks & Recreation/Procurement)
(Resolution)
R7T A Resolution Authorizing The Miami-Dade County Canvassing Board For The Countywide November
5, 2013 Special Election To Serve As Canvassing Board For The City Of Miami Beach's General And
Special Elections To Be Held On November 5, 2013.
(City Attorney's Office)
(Substitute Memorandum)
R7V A Resolution Approving An Expenditure Of Budgeted Funds In Reasonable And Necessary Amounts
For The Public Purpose Of Informing And Educating The Voters Of The City Of Miami Beach
Regarding The Ballot Questions On The City's November 5, 2013 Special Election Ballots In Order To
Achieve A More Informed Electorate Vote.
(Communications/City Attorney's Office)
(Memorandum & Resolution)
Redevelopment Agency Items
1A A Resolution Of The Chairperson And Members Of The Miami Beach RedevelopmentAgency(RDA)
Accepting The Recommendation Of The City's Finance And Citywide Projects Committee Pertaining
To The Early Termination Of An Existing Retail Lease Agreement Between The Miami Beach
Redevelopment Agency ("Landlord") And Cadiac, Inc. D/B/A US Vintage ("Tenant"), Involving Suites
D And E In The Anchor Shops, Located At 1560 Collins Avenue, Suite 3, Miami Beach, Florida
("Space"); And Approving And Authorizing The RDA To Enter Into A New Lease Agreement With US
Vintage, Inc. (US Vintage) For An Initial Term Of Three (3) Years, Commencing On October 1, 2013
And Ending On September 30, 2016, With Two (2) Renewal Options Of Three (3) Years And Three
(3) Years And 364 Days Respectively, At The RDA's Sole And Absolute Discretion, Subject To And
Pursuant To The Terms And Conditions Set Forth In The Agreement.
{Tourism, Culture & Economic Development)
(Resolution)
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6
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
REQUEST FOR PROPOSAL (RFP) NO. 177-2013ME, FOR PAY-BY-PHONE
SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, PARKMOBILE USA,
INC.; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER,
AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER,
PAY BY PHONE TECHNOLOGIES, INC.; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WITH THE THIRD-RANKED PROPOSERS, PANGO USA
AND PASSPORT PARKING (TIE); AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on May 8, 2013, the Mayor and City Commission approved the issuance of
Request for Proposal (RFP) 177-2013ME For Pay-By-Phone Services; and
WHEREAS, on May 9, 2013, RFP No. 0177-2013ME was issued with an opening date
of July 17, 2013; and
WHEREAS, a pre-bid conference to provide information to prospective proposers was
held on May 30, 2013; and
WHEREAS, thirty prospective proposers downloaded the solicitation from The Public
Group, which resulted in the receipt of five (5) proposals; and
WHEREAS, on August 7, 2013, the City Manager via Letter to Commission (LTC) No.
270-2013, appointed an Evaluation Committee (the "Committee") for the purpose of evaluating
the proposals received in accordance with the criteria established in the RFP; and
WHEREAS, the Committee convened on August 30, 2013 to evaluate the proposals
received; and
WHEREAS, the Committee was provided with an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law;
Performance Evaluation Surveys; and presentations from each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposer's
qualifications and proposed scope of services and methodology pursuant to the evaluation
criteria established in the RFP; and
WHEREAS, the Committee discussed its individual perceptions of the proposers'
qualifications, experience, and competence, and further scored and ranked the proposers
accordingly; and
7
Agenda Item C I K
Date f-tl-13
WHEREAS, an analysis of cost pursuant to the cost proposal information provided by
each firm was presented by Rocio Alba, committee member and Parking Assistant Director; and
WHEREAS, additional points, over the aforementioned potential points for qualifications,
scope of services, and methodology and approach were to be allocated, if applicable, and in
accordance with the Local and Veterans Preference ordinances; and
WHEREAS, the following ranking based on the overall Committee scoring was
presented to the Manager for his due diligence and recommendation: (1) Parkmobile USA, Inc.;
(2) Pay By Phone Technologies, Inc.; (3) Pango USA and Passport Parking (tie); and (4)
QuickPay; and
WHEREAS, after receiving the recommendation of the Committee and City staff, the
City Manager exercised his due diligence and is recommending that the Mayor and the City
Commission authorize the Administration to enter into negotiations with the top-ranked
proposer, Parkmobile USA, Inc.; and should the Administration not be successful in negotiating
an agreement with the top-ranked proposer, authorize negotiations with the second-ranked
proposer, Pay By Phone Technologies, Inc.; and should the Administration not be successful in
negotiating an agreement with the second-ranked proposer, authorize negotiations with the
third-ranked proposers, Pango USA and Passport Parking (tie); and further authorize the Mayor
and City Clerk to execute an agreement upon conclusion of successful negotiations by the
Administration.
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 hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals pursuant to request for proposal (RFP) No. 177-20 13M E, for pay-by-phone
services; and further authorize the Administration to enter into negotiations with the top-ranked
proposer, Parkmobile USA Inc.; and should the Administration not be successful in negotiating
an agreement with the top-ranked proposer, authorize negotiations with the second-ranked
proposer, Pay By Phone Technologies, Inc.; and should the Administration not be successful in
negotiating an agreement with the second-ranked proposer, authorize negotiations with the
third-ranked proposers, Pango USA and Passport Parking (tie); and further authorize the Mayor
and City Clerk to execute an agreement upon conclusion of successful negotiations by the
Administration.
PASSED AND ADOPTED this ___ day of ____ .2013.
ATTEST:
Rafael Granado, City Clerk Mattie Herrera Bower, Mayor
T:\AGENDA\2013\September 11\Procurement\RFP-177-2013ME-Pay By Phone Services-Resolution.doc
8
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO IMPLEMENT A MASS
TRANSIT CIRCULATOR LOOP IN NORTH BEACH AND TO WORK WITH MIAMI-
DADE TRANSIT TO IMPLEMENT A NORTH-SOUTH EXPRESS BUS SERVICE TO
CONNECT A NORTH BEACH CIRCULATOR TO SOUTH BEACH.
WHEREAS, the City of Miami Beach (City) wishes to enhance mobility in the North
Beach community througH the implementation of a mass transit circulator to be known as the
North Beach Local; and
WHEREAS, Miami-Dade Transit (MDT) currently operates Routes 115 and 117 (Mid-
North Beach Connection); and
WHEREAS, as part of its ongoing comprehensive bus service restructuring and cost
savings initiative, MDT will eliminate Route 117 and modify Route 115 due to low ridership,
large service span, and extended headways; and
WHEREAS, the Neighborhood/Community Affairs Committee recommended that the
Administration work with MDT to implement a new North Beach circulator loop and a north-
south express bus service to connect North Beach to South Beach; and
WHEREAS, both the City and Miami-Dade County wish to have the County continue
to operate the circulator route service in North Beach; and
WHEREAS, the City wishes to partner with MDT to provide effective and efficient
mass transit circulator service in the North Beach community; and
WHEREAS, the proposed North Beach Local would combine the transit resources of
the County to provide a circulator which maximizes service to the community while eliminating
service duplication.
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 hereby accept the recommendation of the Neighborhood/Community Affairs
Committee to implement a mass transit circulator loop in North Beach and to work with Miami-
Dade Transit to implement a North-South express bus service to connect a North Beach
Circulator to South Beach.
PASSED and ADOPTED this __ day of--------· 2013.
ATTEST:
CITY CLERK MAYOR
T:IAGENDA\2013\September 11\North beac/1 Transit Circulator Reso.doc
9
APPROVED AS TO
fORM & lANGUAGE
, JL
& FOR E,. UTION~
RNEY 'SD( T Agenda Item
Date
C.'lP
t/-11-13
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10
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE PLACEMENT OF TWENTY (20) BANNERS FOR THE MIAMI
BOOK FAIR INTERNATIONAL, TO BE HELD NOVEMBER 22-24,
2013, IN THE CITY OF MIAMI, AS REQUESTED BY THE APPLICANT
AT THE FOLLOWING LOCATIONS: FIFTH (5TH) STREET, BETWEEN
ALTON ROAD AND OCEAN DRIVE; COLLINS AVENUE FROM FIFTH
(5Th) STREET TO TENTH (10TH) STREET; WASHINGTON AVENUE
FROM FIFTH (5TH) STREET TO LINCOLN ROAD; AND MACARTHUR
CAUSEWAY FROM FOUNTAIN DRIVE TO TERMINAL ISLAND; SAID
BANNERS TO BE AFFIXED TO LIGHT POLES IN THE PUBLIC
RIGHT-OF-WAY, MEASURING 3 FEET X 7 FEET AND HAVING COPY
AND DESIGN AS SHOWN ON THE ATTACHED DRAWINGS
(EXHIBIT A); TO BE INSTALLED AND REMOVED IN ACCORDANCE
WITH ALL OTHER APPLICABLE CITY REQUIREMENTS; BANNERS
TO BE INSTALLED NO EARLIER THAN OCTOBER 24, 2013, AND
REMOVED BY NOVEMBER 25,2013.
WHEREAS, the Miami Book Fair International {Applicant) will be held November
22-24, 2013, in downtown Miami; and
WHEREAS, in order to publicize the event and draw attention of the media and
the public at large, the Applicant has requested light pole banners, measuring 3 feet by
7 feet; and
WHEREAS, the Applicant has been through the required design review permit
process in order to obtain approval for said banners; and
WHEREAS, the Applicant has requested approval and authorization for the
placement of a total of twenty (20) banners; and
WHEREAS, City Code Section 82-411 (d) requires that the Mayor and City
Commission approve the installation of temporary banners for special events held
outside of the City of Miami Beach.
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 hereby approve and authorize the placement of twenty (20) banners for
the Miami Book Fair International, to be held November 22-24, 2013, in the City of
Miami, as requested by the Applicant at the following locations: Fifth (5 1h) Street,
between Alton Road and Ocean Drive; Collins Avenue from Fifth (5th) Street to Tenth
(1 01h) Street; Washington Avenue from Fifth (5 1h) Street to Lincoln Road; and
MacArthur Causeway from Fountain Drive to Terminal Island; said banners to be
affixed to light poles in the public right-of-way, measuring 3 feet x 7 feet and having
copy and design as shown on the attached drawings (Exhibit A); to be installed and
11
Agenda Item C ? '-1
Date 'f-11-13
removed in accordance with all other applicable City requirements; banners to be
installed no earlier than October 24, 2013, and removed by November 25, 2013.
PASSED and ADOPTED this ____ day of ____ , 2003.
ATTEST:
Rafael E. Granado,
City Clerk
T:IAGENDA\2013\September 11\Book Fair Banenrs RESO.doc
12
Matti Herrera Bower,
Mayor
jExhibit A J
Nov.17-24
downtown • • miami
Miami Dade
College
13
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14
MINIMUM UNIT SIZES FOR HISTORIC HOTELS & RM-2 TOWER SETBACKS
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE II, "DISTRICT REGULATIONS," BY AMENDING
DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," BY AMENDING
SECTION 142-155 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL
ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY
AMENDING SECTION 142-217 TO MODIFY THE REQUIREMENTS FOR
MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2
DISTRICT; BY AMENDING SECTION 142-218 TO MODIFY THE TOWER
SETBACK REQUIREMENTS WITHIN THE RM-2 DISTRICT; BY AMENDING
SECTION 142-246 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL
ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-3 DISTRICT;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
. -------------.
WHEREAS, the City of Miami Beach endeavors to recall and promote its unique social
and architectural history, as well as further the dynamic character and attraction of hotels within
historic districts; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention,
preservation and restoration of hotel structures located within historic districts; and
WHEREAS, the City of Miami Beach desires to amend existing minimum unit size
requirements for existing hotels within historic districts; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. City Code Chapter 142, Article II, "District Regulations," Division 3, "Residential
Multifamily Districts," Subdivision II, "RM-1 Residential Multifamily Low Intensity," is hereby
amended as follows:
Sec. 142-155.-Development regulations and area requirements
* *
(b)The lot area, lot width, unit size and building height requirements for the RM-1 residential
multifamily, low density district are as follows:
15
Agenda Item RSC
Date 1-11..-/3
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size BuildingHeight Number
(Square Width (Square Feet) (Square Feet) (Feet) of Stories
Feet) (Feet)
5,600 50 New construction-550 New Historic Historic
Non-elderly and elderly low construction-BOO district-40 district-4
and moderate income housing: Non-elderly and Flamingo Park Flamingo Park
See section 142-1183 elderly low and Local Historic Local Historic
Rehabilitated buildings-400 moderate income District-35 District-3
Hotel unit: housing: See section (except as (except as
15%: 300-335 142-1183 provided in provided in
85%: 335+ Rehabilitated section section
For contributing hotel buildings-550 142-1161 142-1161
structures, located within a Otherwise-50 Otherwise-5
local historic district or a
national register district, which
are renovated in accordance
with the Secretary of the
Interior Standards and
Guidelines for the
Rehabilitation of Historic
Structures as amended,
retaining the existing room
configuration and sizes of at
least 200 sguare feet shall be
~ermitted. Additionall:t,
existin~:: room confi~::urations
for the above described hotel
structures ma:t be modified to
address a[![!licable life-safet:t
and accessibilit~ regulations,
~rovided the 200 sguare feet
minimum unit size is
maintained.
SECTION 2. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential
Multifamily Districts", Subdivision IV, "RM-2 Residential Multifamily Medium Intensity", is hereby
amended as follows:
Sec. 142-217. -Area requirements.
The area requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Number
(Square Width (Square Feet) (Square Feet) Height of Stories
Feet) (Feet) (Feet)
16
7,000 50 New construction-550 New Historic Historic
Non-elderly and elderly low construction-800 district-50 district-S
and moderate income Non-elderly and (except as (except as
housing: See section 142-1183 elderly low and provided in provided in
Rehabilitated buildings-400 moderate income section section
Hotel unit: housing: See 142-1161 142-1161
15%: 300-335 section 142-1183 Area bounded Area bounded
85%: 335+ Rehabilitated by Indian Creek by Indian
For contributing hotel buildings-550 Dr., Collins Creek Dr.,
structures 1 located within a Hotel units-N/ A Ave., 26th St., Collins Ave.,
local historic district or a and 44th St.-75 26th St., and
national register district1 Area fronting 44th St.-8
which are renovated in west side of Area fronting
accordance with the Collins Ave. west side of
Secreta!]: of the Interior btwn. 76th St. Collins Ave.
Standards and Guidelines for and 79th St.-75 btwn. 76th St.
the Rehabilitation of Historic Otherwise-60 and 79th St.-8
Structures as amended 1 Lots fronting Otherwise-6
retaining the existing room Biscayne Bay Lots fronting
configuration and sizes of at less than 45,000 Biscayne Bay
least 200 sguare feet shall be sq. ft.-100 less than
12ermitted. Additionall::l, the Lots fronting 45,000 sq.
existins; room configurations Biscayne Bay ft.-11
for the above described hotel over 45,000 sq. Lots fronting
stru~tures ma~ be modified to ft.-140 Biscayne Bay
address a(21:)licable life-safet~ Lots fronting over 45,000 sq.
and accessibilit~ regulations! Atlantic Ocean ft.-15
grovjded the 200 sguare over 100,000 sq. Lots fronting
feet minimum unit size is ft.-140 Atlantic Ocean
maintained. over 100,000
sq. ft.-15
* * *
Sec. 142-218. -Setback requirements.
The setback requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
Front Side, Side, Facing Rear
Interior a Street
At-grade parking 20 feet 5 feet, or 5% of lot 5 feet, or 5% of Non-oceanfront
lot on the same width, whichever is lot width, lots-5 feet
lot except where greater whichever is Oceanfront lots-50
(b) below is greater feet from bulkhead
applicable line
17
Subterranean 20 feet 5 feet, or 5% of lot 5 feet, or 5% of Non-oceanfront
width, whichever is lot width, lots-0 feet
greater. (0 feet if lot whichever is Oceanfront lots-50
width is 50 feet or greater feet from bulkhead
less) line
Pedestal 20 feet Sum of the side yards Sum of the side Non-oceanfront
Except lots A and 1-30 shall equal16% of lot yards shall equal lots-1 0% of lot
of the Amended Plat width 16% of lot width depth
Indian Beach Minimum-7.5 feet or Minimum-7.5 Oceanfront
Corporation Subdivision 8% of lot width, feet or 8% of lot Jots-20% of lot
and lots 231-237 of the whichever is greater width, whichever depth, 50 feet from
Amended Plat of First is greater the bulkhead line
Ocean Front whichever is greater
Subdivision-50 feet
Tower 20 feet + 1 foot for every Same as 1::1edestal for Sum of the side Non-oceanfront
1 foot increase in height structures with a total yards shall equal lots-15% of lot
above 50 feet, to a height of 60' or less. 16% of the lot depth
maximum of 50 feet, then The required pedestal width Oceanfront
shall remain constant. setback plus 0.10 of Minimum-7.5 lots-25% of lot
Except lots A and 1-30 the height of the tower feet or 8% of lot depth, 75 feet
of the Amended Plat portion of the building. width, whichever minimum from the
Indian Beach The total required is greater bulkhead line
Corporation Subdivision setback shall not whichever is greater
and lots 231-237 of the exceed 50 feet
Amended Plat of First
Ocean Front
Subdivision-50 feet
SECTION 3. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential
Multifamily Districts", Subdivision v, "RM-3 Residential Multifamily High Intensity", is hereby
amended as follows:
Sec. 142-246. -Development regulations and area requirements.
* * *
(b)The lot area, lot width, unit size and building height requirements for the RM-3 residential
multifamily, high intensity district are as follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Height Number
(Square Width (Square Feet) (Square Feet) (Feet) of Stories
Feet) (Feet)
7,000 50 New construction-550 New 150 16
Non-elderly and construction-BOO
elderly law and Non-elderly and Oceanfront lots-200 Oceanfront lots-22
moderate income elderly low and Architectural dist.: Architectural dist:
housing: See section moderate income New New
18
142·1183 housing: See construction-120; construction-13;
Rehabilitated section 142-1183 ground floor ground floor
buildings-400 Rehabilitated additions (whether additions (whether
Hotel unit: buildings-550 attached or attached or
15%: 300-335 Hotel units-N/ A detached) to detached) to
85%: 335+ existing structures existing structures
For contributing hotel on oceanfront on oceanfront
structures, located lots-50 (except as lots-5 (except as
within a local historic provided in section provided in section
district or a national 142·1161 142·1161
register district,
which are renovated
in accordance with
the Secretary of the
Interior Standards and
Guidelines for the
Rehabilitation of
Historic Structures as
amended. retaining
the existing room
configuration and
sizes of at least 200
sguare feet shall be
Qermitted.
Additionall~1 the
existing room
confis;urations for the
above described hotel
structurg:i ma~ be
modified to address
a!2~J:licable life-safet~
and accessibilit~
regulations, 12rovided
the 200 sguare feet
minimum unit size is
maintained.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
19
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of _______ , 2013.
ATTEST:
CITY CLERK
First Reading: July 17, 2013
Second Reading: September 11, 2013
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Strike Thrll denotes deleted language
Underscore denotes new language
MAYOR
TION
( '1 )Cfll 3 /riF.
Double Underscore denotes new language recommended by Historic Preservation Board
09/09/2013
T:IAGENDA\2013\September 11\Historic Hotel Unit Size& RM2 Setbacks-ORO 2nd Read.docx
20
------------------------------------------------------------.
PALM VIEW HOTEL USES
(As Transmitted by Planning Board on June 25, 2013}
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 3, ''RESIDENTIAL MULTIFAMILY DISTRICTS'\
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY",
TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE PALM VIEW
CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013; DEFINING THE
PALM VIEW CORRIDOR AS ALL PROPERTIES ABUTTING THE WEST SIDE
OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL;
DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING
USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND
OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY
USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES
OF THE PALM VIEW CORRIDOR OF THE RM-2 DISTRICT;
ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL
REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION
OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential
scale, character and livability of residential apartment and condominium buildings within the City's
medium intensity multi-family districts located in the Palm View District; and
WHEREAS, hotel uses located in the Palm View District and zoned RM-2 include
allowable accessory uses that present compatibility issues with existing residential structures;
and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for certain types of prohibited uses for properties located in the Palm View District
and zoned RM-2; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled
"Residential Multifamily Districts", Subdivision IV, entitled "RM-2 Residential Multifamily, Medium
Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
Sec. 142-212. -Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are
single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels; except
that in the Palm View corridor. defined as all properties abutting the west side of Meridian Avenue
Agenda Item R !:>-H
21 Date 9-U-/3
between 17th street and Collins Canal, apartment-hotel or hotel uses are only permitted if issued
a building permit or occupational license prior to May 28, 2013, or are approved by the Design
Review Board pursuant to a complete application filed and pending prior to May 28. 2013, in
which event they shall be considered a "Legal Conforming Use." A property that has a "Legal
Conforming Use" as used in this Subdivision prior to May 28, 2013, may retain all, and apply for
new, expansions and modifications to. permitted, conditional and /or accessory uses permitted in
the zoning category as of May 28, 2013, and apply for building permits to add, improve and/or
expand existing structures, or construct new structures for permitted, conditional and/or
accessory uses permitted in the zoning category, if FAR remains available.
Sec. 142-213. -Conditional uses.
Conditional uses in the RM-2 residential multifamily, medium intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; commercial or noncommercial parking lots and garages; and accessory
neighborhood impact establishment, as set forth in article V, division 6 of this chapter.
Sec. 142-214.-Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article IV, division 2 of this chapter and uses that serve alcoholic beverages as listed in article V,
division 4 of this chapter, pertaining to alcoholic beverages. RM-2 properties within the Palm View
corridor. may not have accessory outdoor entertainment establishments. Notwithstanding the
foregoing, a property that had a Legal Conforming Use as of May 28, 2013 shall have the right to
apply for and receive special event permits that contain entertainment uses.
Sec. 142-215. Prohibited Uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory
outdoor entertainment establishment, accessory open air entertainment establishment, as set
forth in article V, division 6 of this chapter; and accessory outdoor bar counter; and for properties
located within the Palm View corridor, hotels and apartment-hotels, except to the extent
preempted by Section 509.032(7), Florida Statutes, and unless they are a Legal Conforming Use.
Properties that voluntarily cease to operate as a hotel for a consecutive three (3) year period, shall
not be permitted to later resume such hotel operation. Without limitation, (a) involuntary hotel
closures due to casualty and (b) cessation of hotel use of individual units of a condo-hotel shall
not be deemed to be ceasing hotel operations pursuant to the preceding sentence.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed, with the exception of Chapter 142, Article Ill, Division 5 -West Avenue Bay Front
Overlay.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
22
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of _______ , 2013.
ATTEST:
CITY CLERK
First Reading: September 11, 2013
Second Reading: October 16, 2013
Verified by:--------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
Strike Thru denotes deleted language
09/09/2013
MAYOR
T:\AGENDA\2013\September 11\Palm View Hotel Uses ORDINANCE 1st.docx
23
THIS PAGE INTENTIONALLY LEFT BLANK
24
WEST AVENUE HOTEL USES
(As Transmitted by Planning Board on June 25, 2013}
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS",
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY";
AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY,
HIGH INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE
WEST AVENUE CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013;
DEFINING THE WEST AVENUE CORRIDOR AS THAT AREA BORDERED BY
COLLINS CANAL TO THE NORTH, ALTON ROAD TO THE EAST, BISCAYNE
BAY TO THE WEST AND 6TH STREET TO THE SOUTH; DEFINING THE
RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO
EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND
OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY
USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES
OF THE WEST AVENUE CORRIDOR OF THE RM-2 AND RM-3 DISTRICTS;
ACKNOWLEDGING STATE PREEMPTION OF SHORT TERM RENTAL
REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION
OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential
scale, character and livability of residential apartment and condominium buildings within the City's
medium and high intensity multi-family districts; and ·
WHEREAS, hotel uses located in the West Avenue Corridor and zoned RM-2 & RM-3
include allowable accessory uses that present compatibility issues with existing residential
structures; and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for certain types of prohibited uses located in the West Avenue Corridor and zoned
RM-2 & RM-3; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled
"Residential Multifamily Districts", Subdivision IV, entitled "RM-2 Residential Multifamily, Medium
Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
Sec. 142-212.-Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are
Agenda Item f{ S" I
25 Date 9-tU-13
single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels; except
that in the "West Avenue Corridor", defined in this Subdivision as that area bordered by Collins
Canal to the north. Alton Road to the east. Biscayne Bav to the West and 6th Street to the south.
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license
prior to May 28. 2013, or are approved by the Design Review Board pursuant to a complete
application filed and pending prior to May 28, 2013, in which event they shall be considered a
"Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this
Subdivision prior to May 28. 2013, may retain all. and apply for new, expansions and
modifications to, permitted. conditional and /or accessory uses permitted in the zoning category
as of May 28, 2013. and apply for building permits to add, improve and/or expand existing
structures, or construct new structures for permitted. conditional and/or accessory uses permitted
in the zoning category, if FAR remains available.
Sec. 142-213.-Conditional uses.
Conditional uses in the RM-2 residential multifamily, medium intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; commercial or noncommercial parking lots and garages; and accessory
neighborhood impact establishment, as set forth in article V, division 6 of this chapter.
Sec. 142-214. -Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article IV, division 2 of this chapter and uses that serve alcoholic beverages as listed in article V,
division 4 of this chapter, pertaining to alcoholic beverages. RM-2 properties within the "West
Avenue Corridor," may not have accessory outdoor entertainment establishments.
Notwithstanding the foregoing. a property that had a Legal Conforming Use as of May 28, 2013
shall have the right to apply for and receive special event permits that contain entertainment uses.
Sec. 142-215. Prohibited Uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory
outdoor entertainment establishment, accessory open air entertainment establishment, as set
forth in article V, division 6 of this chapter; and accessory outdoor bar counter; and for properties
located within the "West Avenue Corridor." hotels and apartment-hotels, except to the extent
preempted by Section 509.032(7), Florida Statutes. and unless they are a Legal Conforming Use.
Properties that voluntarily cease to operate as a hotel for a consecutive three (3) year period, shall
not be permitted to later resume such hotel operation. Without limitation, (a) involuntary hotel
closures due to casualty and (b) cessation of hotel use of individual units of a condo-hotel shall
not be deemed to be ceasing hotel operations pursuant to the preceding sentence.
SECTION 2. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled
"Residential Multifamily Districts", Subdivision V, entitled "RM-3 Residential Multifamily, High
Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
Sec. 142-242. -Main permitted uses.
The main permitted uses in the RM-3 residential multifamily, high intensity district are
single-family detached dwelling; townhomes; apartments; apartment-hotels; and hotels; except
that in the "West Avenue Corridor," defined in this Subdivision as that area bordered by Collins
Canal to the north, Alton Road to the east. Biscayne Bay to the West and 6th Street to the south,
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license
prior to May 28, 2013, or are approved by the Design Review Board pursuant to a complete
application filed and pending prior to May 28, 2013, in which event they shall be considered a
26
"Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this
Subdivision prior to May 28. 2013, may retain all, and apply for new, expansions and
modifications to, permitted, conditional and accessory uses permitted in the zoning category as of
May 28. 2013. and apply for building permits to add. improve and/or expand existing structures, or
construct new structures for permitted, conditional and/or accessory uses permitted in the zoning
category. if FAR remains available.
Sec. 142-243. -Conditional uses.
The conditional uses in the RM-3 residential multifamily, high intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; commercial or noncommercial parking lots and garages; accessory outdoor
entertainment establishment; accessory neighborhood impact establishment; and accessory
open air entertainment establishment as set forth in article V, division 6 of this chapter.
Sec. 142-244.-Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
( 1) Those uses permitted in article IV, division 2 of this chapter.
(2) Uses that serve alcoholic beverages as listed in article V, division 4 of this chapter, pertaining
to alcoholic beverages.
(3) Accessory outdoor bar counters, provided that the accessory outdoor bar counter is not
operated or utilized between midnight and 8:00 a.m.; however, for an accessory outdoor bar
counter which is adjacent to a property with an apartment unit, the accessory outdoor bar counter
may not be operated or utilized between 8:00p.m. and 8:00a.m.
(4) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor
bar counter, notwithstanding the above restriction on the hours of operation, provided the
accessory outdoor bar counter is (i) located in the rear yard, and (ii) set back 20 percent of the lot
width (50 feet minimum) from any property line adjacent to a property with an apartment unit
thereon.
(5) RM-3 properties within the "West Avenue Corridor," may not have accessory outdoor
entertainment establishments. Notwithstanding the foregoing. a property that had a Legal
Conforming Use as of May 28, 2013 shall have the right to apply for and receive special event
permits that contain entertainment uses.
Sec. 142-245. Prohibited Uses.
The prohibited use in the RM-3 residential multifamily, high intensity district is accessory outdoor
bar counter, except as provided in section 142-244; and for properties located within the "West
Avenue Corridor," hotels and apartment-hotels, except to the extent preempted by Section
509.032(7), Florida Statutes, and unless a Legal Conforming Use. Properties that voluntarily
cease to operate as a hotel for a consecutive three (3) year period shall not be permitted to later
resume such hotel operation. Without limitation, (a) involuntary hotel closures due to casualty
and (b) cessation of hotel use of individual units of a condo-hotel shall not be deemed to be
ceasing hotel operations pursuant to the preceding sentence.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed, with the exception of Chapter 142, Article Ill, Division 5 -West Avenue Bay Front
Overlay.
27
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of-------' 2013.
ATTEST:
CITY CLERK
First Reading: September 11, 2013
Second Reading: October 16, 2013
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
Strike Thru denotes deleted language
09/09/2013
MAYOR
APPROVED AS TO
ORM & LANGUAGE
T:\AGENDA\2013\September 11 \West Avenue Hotel Uses ORDINANCE 1 st.docx
28
RM-3 ACCESSORY USE SIGNAGE
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 138, "SIGNS," BY AMENDING ARTICLE V, "SIGN
REGULATIONS BY DISTRICT," BY AMENDING SECTION 138-171,
"GENERAL PROVISIONS," TO MODIFY THE REQUIREMENTS FOR HOTELS
AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT, AND BY
AMENDING SECTION 138-172, ''SCHEDULE OF SIGN REGULATIONS FOR
PRINCIPAL USE SIGNS," TO MODIFY THE REQUIREMENTS FOR HOTELS
AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach endeavors to recall its unique social and
architectural history, as well as further the dynamic character and attraction of hotels and
apartment buildings through the use of signage; and
WHEREAS, apartments and hotel structures located within RM-3 districts include
allowable accessory commercial uses that are accessed directly from the street and sidewalk;
and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for main permitted and accessory signage in the RM-3 District; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 138, Article V, entitled "Sign Regulations by Districts", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 138-171. General provisions.
(e) Signs fronting on an alley are prohibited unless the alley abuts or is adjacent to any parking
lot or garage, or where the alley provides a means of entrance to a business. The area of any
permitted sign shall be the same as if the sign fronted on a street
* * *
(h) Oceanfrent or Bayfront buildings shall have no more than one sign facing the bay, limited
to identifying the main permitted use. Such sign shall only consist of flush mounted. back-lit
letters, with copy limited to the main permitted use. The area of such sign shall not exceed one
percent of the wall area facing the bay with a maximum size of 50 square feet. The design and
location of the sign shall be approved tiMef Qv the design review process board or certificate of
Agenda Item
29 Date
RSJ
'f-'ll-13
appropriateness process as applicable_ In addition, one flat sign per 1 QQ feet of lot ~,c•Jidth with copy
limited to the advertisement of an accessory t:Jse is permitted. The ma>f:imt:Jm height of tho sign
shall not ex:ceeel 12 inches.
* * *
Section 138-172. Schedule of sign regulations for principal use signs
Zoning Number Awning/ Flat Projecting Detached Accessory Special
District Marquee (Monument) Signs Conditions
RM-1 No more than Ten One per street 15 square 15 square feet, One sign for each 1.
RM-2 one sign square frontage; taR feet however, if sign is licensed aU Maximum
RM-3 identifying the feet; the twen!Y square -NGt-set back 20 feet accessory useo; size for
R-PS 1 main permitted height of feet for every 50 f:l9FFI'littee! from front property area of sign shall schools is
R-PS 2 uses for each the letters feet of linear ~ line, area may be not exceed 75 30 square
R-PS 3 street frontage. shall not frontage, or RM+ increased to a percent of the feet
R-PS 4 Unless exceed fraction thereof, ~ maximum of 30 main use sign, 20 2. Signs
RO otherwise listed 12 up to maximum Not square feet. Pole square feet shall not
TC-3 in section inches. of 30 square permitted signs are not maximum. have copy
138-171, all Not feet Flat signs in RO. permitted. Existing l=l9W8'18F, iA tRe indicating
signs must front permitted shall not be pole signs may be RM 3 district eAiy prices.
on a street~ in the located above repaired only as Ele~asl:!eEl 3.An
however, RM-3 the ground floor_,_ provided in_ aeeesseF)' si§AS exterior
multi1:1le ~ district. exce1:1t in hotels section 138-10. are f:lElFmitteEl. For directory
front facing Not and aQartment Notwithstanding hotels and sign,
signs for the permitted buildings within the above, a aQartment attached to
same licensed in RO. the RM-3 detached sign buildings in the the building
oceanfront hotel district. Flat located on a RM-3 district, one up to six
or aQartment signs in hotels perimeter wall street front facing square feet,
building within and aQartment shall be limited to flat sign 1:1er eve!Y listing the
the RM-3 district buildings within five square feet licensed names of all
may be the RM-3 district and shall not have accessorY use licensed
Qermitted shall be limited to comply with the facing or having uses within
through the to the name of setback direct access to a the building
design review or the building or requirements of_ street or sidewalk, is
certificate of the use that section 138-9. The twenty sguare feet permitted;
am::!rOQriateness encomQasses height and size of for eve!Y 50 feet of sign
12rocess as the largest the monument linear frontage, or material
aQQiicable if the amount of floor structure shall be fraction thereof, uQ and
aggregate sign area in the determined under to maximum of 30 placement
area does not building. Within the design review sguare feet. shall be
exceed the the RM-3 process except as However, multiQie subject to
maximum size district, one provided herein. In street front facing approval
Qermitted under building the RO districts, signs for the same through the
this subsection. identification sign area shall not licensed design
sign for hotels exceed 10 square accesso!Y use of review
and aQartment feet, and the oceanfront hotel process.
buildings two monument and aQartment
stories or structure shall not buildings within
higher, located exceed five (5) the RM-3 district
on the QaraQet feet in height may be Qermitted
facing a street, through the design
is 1:1ermitted with review or
an area not to certificate of
exceed one aQQfOQriateness
12ercent of the Qrocess as
wall area on aQQiicable if the
30
which it is aggregate sign
glaced. Corner area does not
buildings rna~ exceed the
grovide one maximum size
combined sign l:)ermitted under
instead of the this subsection.
two germitted
signs. This sign
shall be located
on the corner of
the building
visible from both
streets and shall
have a
maximum size
of 40 sguare
feet.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of _______ , 2013.
MAYOR
ATTEST:
CITY CLERK
31
First Reading: September 11, 2013
Second Reading: October 16, 2013
Verified by: =-:----:---------::-c----
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
Strike Thru denotes deleted language
09/09/2013
APPROVED AS TO
FORM & LANGUAGE ? & FOR EXECUTION
c2S~ 0~.(---q (" {0
rity Attorney ?fi-Date
T:\AGENDA\2013\September 11 \RM3 Accessory Signage-ORD 1st Read rev.docx
32
ORDINANCE NO.--------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI
BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE V, ENTITLED ''CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS,"
BY AMENDING SECTION 90-340, ENTITLED "RECYCLING PROGRAM
AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE
STREAM REQUIRED FOR MULTIFAMILY RESIDENCES OF NINE (9)
DWELLING UNITS OR MORE; OWNER/ASSOCIATION LIABILITY;
RECYCLING CONTRACTORS' ASSISTANCE," TO APPLY TO
MULTIFAMILY RESIDENCES OF TWO (2) OR MORE DWELliNG UNITS;
PROVIDING FOR REPEALER SEVERABILITY, CONDIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, City residents, and in maintaining the City's prominence as a world class resort
destination; and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal, and decrease the carbon footprint
associated with the production use, and disposal of materials; and
WHEREAS, pursuant to the adoption Ordinance No. 2012-3768 (the "Ordinance"), the
City established a Citywide Recycling Program for multifamily residences with nine (9) dwelling
units or more and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, multifamily residences with eight (8) or less dwelling units are not currently
required to provide a recycling program or to use a single stream recycling process under the
Ordinance; and,
WHEREAS, at the July 19, 2013 City Commission meeting, it was requested that the
Commission consider the Sustainability Committee's recommendation to include residences
that are between two (2) and eight (8) units within the requirements of the Ordinance.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article V, entitled "Citywide Recycling Program for Multifamily Residences
and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid
Waste," is hereby amended as follows:
Agenda Item R S(<..
33 Date q-11-I~
CHAPTER 90
SOLID WASTE
* * *
ARTICLE V.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
* * *
Sec. 90-340. Recycling program and separation of recyclable materials from solid waste
stream required for multifamily residences of nine (9) Ek•Jelling ~o~nits er mere two (2) or
more dwelling units; owner/association liability; recycling contractors' assistance.
(a) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or
fRefe two (2} or more dwelling units shall provide a recycling program pursuant to this section or
a City approved modified recycling program pursuant to section 90-344. The property owner
shall be liable for the failure to provide a recycling program or a modified recycling program
approved by the City, provided, however that a condominium or cooperative apartment having a
condominium association or a cooperative apartment association shall be liable, rather than the
individual unit owner(s), for a violation of this subsection. Further, recycling contractors shall
assist and provide written notice to the director of public works in identifying multifamily
residences subject to this article which do not have a recycling program or, in the alternative,
which have allowed a recycling program to lapse or expire.
(b) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or more
two (2) or more dwelling units shall be required to use a single stream recycling process to
separate, from all other solid waste, the five (5) following recyclable materials:
1) Newspaper. Used or discarded newsprint, including any glossy inserts;
2) Glass. Glass jars, bottles, and containers of clear, green or amber (brown) color
of any size or shape used to store and/or package food and beverage products
for human or animal consumption, and/or used to package other products,
which must be empty and rinsed clean of residue. This term excludes ceramics,
window or automobile glass, mirrors, and lightbulbs;
3) Metal food and beverage containers. All ferrous and nonferrous (i.e., including,
but not limited to, steel, tin-plated steel, aluminum and bimetal) food and
beverage containers (i.e., including, but not limited to, cans, plates, and trays) of
any size or shape used to store and/or package food and beverage products
suitable for human or animal consumption, which must be empty and rinsed
clean of residue;
4) Other metal containers. All other ferrous and non ferrous containers used to
package household products including, but not limited to, paint cans and aerosol
cans, which must be empty and rinsed clean of residue;
5) Plastics. All high density polyethylene (HOPE) and/or polyethylene terephthalate
(PET) bottles, jugs, jars, cartons, tubs, and/or other containers, and lids, of any
size or shape used to package food, beverages, and/or other household
2
34
products, or crankcase oil, which must be empty and rinsed clean of residue.
This term excludes all plastic film, plastic bags, vinyl, rigid plastic (i.e., toys), and
plastic foam materials; and
(c) Every multi-family residence of nine (Q) dwelling units or more two (2) or more
dwelling units shall be serviced by a recycling contractor licensed by the city and state.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of ________ , 2013.
PASSED and ADOPTED this day of-------' 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Jerry Libbin)
MAYOR MATTI HERRERA BOWER
APPROVED AS TO
FORVJ & L/·.r.re,~;;: CE
& FOR EX~CUliGN
Underline denotes additions and Strike through denotes deletions.
T:\AGENDA\2013\September 11\Recycling Program Ordinance 2013-Amending Sec 90-340.docx
3
35
THIS PAGE INTENTIONALLY LEFT BLANK
36
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, VACATING AN ALLEY LOCATED IN THE 500 BLOCK OF
ALTON ROAD, CONTAINING APPROXIMATELY 6,005 SQUARE FEET, IN
FAVOR OF THE ADJACENT PROPERTY OWNERS, SOUTH BEACH
HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, AND 1220 SIXTH,
LLC; RATIFYING THE CLOSURE OF THE LINEAR ALLEY PREVIOUSLY
APPROVED BY RESOLUTION 2005-25869; WAIVING BY 517THs VOTE THE
COMPETITIVE BIDDING REQUIREMENTS AS REQUIRED BY SECTION 82-
39 OF THE CITY CODE; IMPOSING CONDITIONS FOR SUCH VACATION AS
ARE APPROPRIATE UNDER THE CIRCUMSTANCES; AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE CLOSURE DOCUMENTS,
AND TO ACCEPT THE GRANT OF EASEMENT AND AGREEMENT FOR
STORM WATER AND TRANSPORTATION IMPROVEMENTS, SUBJECT TO
FINAL APPROVAL OF SUCH DOCUMENTS BY THE CITY MANAGER AND
CITY ATTORNEY.
WHEREAS, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, and 1220
Sixth, LLC (collectively the Applicant) own several lots of the Amended Plat of Aquarium Site
Resubdivision, which comprise the 500 block of Alton Road; and
WHEREAS, the Applicant proposes to construct the "Waves" Project (Project), a mixed-
use development over the entirety of the block; and
WHEREAS, the Applicant is requesting that the City vacate a 6,005-square foot, "L"-
shaped alley (Alley) in the 500 block of Alton Road with the dimensions of 20 feet x 125 feet and
29.21 feet x 120 feet, running from West Avenue to 61h Street, so that this area can be
incorporated into the Project; and
WHEREAS, the Applicant has previously requested that the City vacate a linear alley
extending from 51h Street to 61h Street, which vacation was approved by the City Commission on
April 20, 2005, by Resolution 2005-25869, and in an abundance of caution such prior vacation
is ratified in this approval; and
WHEREAS, per City Code Section 82-37 a. (2), the City Commission shall have read
the title of the Resolution approving the sale, lease or vacation of public property for a term of
more than ten ( 1 0) years on two separate dates, with the Second Reading to be accompanied
by a Public Hearing, which may be set by the City Manager and shall be advertised not less
than seven {7) days prior to such hearing, in order to obtain citizen input into the proposed sale
or !ease; and
WHEREAS, a first reading by the City Commission was held on July 17, 2013, at which
time the vacation was referred to the Finance and Citywide Projects Committee, and a Second
Reading and Public Hearing is scheduled for the September 11, 2013 Commission meeting;
and
WHEREAS, the Finance and Citywide Projects Committee heard and passed the item at
its July 25, 2013 meeting; and
37
-~---------------~~---~~~--~
Agenda Item R 7 M
Date f(,ll-13
WHEREAS, in return for vacating the alley, the developer has proffered extraordinary
public benefits through certain infrastructure improvements including but not limited to an
easement to the City over, across, under and through the Property for purposes of the
installation, operation, maintenance and repair of transportation improvements, including but not
limited to a footprint for the northern connection for a pedestrian overpass across 5th Street
(including the installation of any subterranean infrastructure), and the design and installation of
storm water improvements consisting of subterranean storage tanks providing storage for at
least 287,980 gallons of public stormwater on the Property, which agreement between the
Developer and the City to be set forth in a document entitled, Grant of Easement and
Agreement for Storm Water and Transportation Improvements.
WHEREAS, the Administration, through its Public Works Department, hereby represents
that the Developer has complied with the application requirements and submittals in accordance
with the City's Guidelines for Vacation or Abandonment of Streets or Other Rights of Way, and
pursuant to Section 82-36 through 82-40 of the City Code (Ordinance 92-2783); and
WHEREAS, pursuant to City Code Section 82-38, a Planning Department Analysis has
been prepared, and is attached as an exhibit to the Commission memo, and the Planning
Department has reviewed the seven criteria elements for vacating City Property and has found
these to be satisfied; and
WHEREAS, additionally as permitted by City Code Section 82-39, the Administration
would recommend that the Mayor and City Commission waive, by 5/7 1
h vote, the competitive
bidding requirement; finding that the public interest would be served by that waiver; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve the requested Alley vacation, in favor of the Applicant, subject to and contingent upon
the Applicant's satisfaction of the following conditions:
1. The Applicant shall obtain no-objection letters and/or agreements from all utility
companies franchised within the City for the vacation of the Alley and shall be solely
responsible for any and all costs and work associated with relocation of any existing
utilities.
2. The Applicant shall prepare and execute all documents to effectuate the vacation of
the Alley, including quit claim deeds, subject to final review and approval of such
documents by the City Manager and City Attorney. The Applicant shall be
responsible for recording said documents effectuating the vacation of the Alley, as
well as all costs associated with same.
3. The vacation is subject to execution and recording of the Grant of Easement and
Agreement for Storm Water and Transportation Improvements, subject to final review
and approval of such document by the City Manager and City Attorney.
4. The Applicant shall ensure proper and safe access of vehicles at all Project
ingress/egress locations, such as vehicles that would normally have used the Alley to
service the properties comprising the 500 Block of Alton Road.
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38
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 noticed public hearing to hear public comment on the application,
hereby approve the closure of the alley located in the 500 block of Alton Road, containing
approximately 6,005 square feet, in favor of the adjacent property owners, South Beach Heights
I, LLC, 500 Alton Road Ventures, LLC, and 1220 Sixth, LLC.; and ratify the prior closure of the
linear alley from 51h Street to 61h Street previous!~ approved by the City Commission on April 20,
2005, by resolution 2005-25869; waiving by 5/7 hs vote the competitive bidding requirements as
required by section 82-39 of the City Code, finding such waiver to be in the best interest of the
City; imposing such other conditions as are appropriate under the circumstances, and
authorizing for execution by the Mayor and City Clerk such documents as are appropriate to
record in the public records for the closure, and to accept the Grant of Easement and
Agreement for Storm Water and Transportation Improvements, subject to the final approval of
such documents by the City Manager and City Attorney.
PASSED AND ADOPTED this 11 1h day of September, 2013.
ATTEST:
Rafael Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
Matti Herrera Bower, Mayor
3
39
Draft 9-9-13
This Instrument Was Prepared By,
And After Recording, Return To:
Graham Penn, Esq.
Bercow Radell & Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND
TRANSPORTATION IMPROVEMENTS
This Grant of Easement and Agreement for Storm Water and Transportation
Improvements (the "Easement" or the "Agreement") is made and entered into as of the
--::--:-------=-----:----,-----:--:-...,..,.----=-day of September, 2013, by 500 ALTON ROAD VENTURES, LLC, a
Florida Limited Liability Company having an address at 2200 Biscayne Boulevard, Miami, Florida
33137 (hereinafter "Grantor") and the CITY OF MIAMI BEACH, a municipal corporation duly
organized and existing under the laws of the State of Florida, having an address at 1700
Convention Center Drive, Miami Beach, Florida 33139 (the "City" or "Grantee").
RECITALS
A Grantor is the owner of the real property that is legally described in Exhibit "A,"
attached hereto and made a part hereof (the "Property"). Grantor has obtained approvals from
the City to develop the Property and adjacent land with a mixed-use commercial and residential
development (hereinafter "the 600 Alton Project" or "Project").
B. Grantor has sought the approval of the City for the closure of an alley located in
the 500 block of Alton Road. The alley closure is necessary for the development of the 600
Alton Project. The Grantor had previously sought approval for closure of an alley located in
the 500 block of Alton Road, which had been dedicated to the City through a quit claim deed
recorded at Official Record Book 24721, Pages 1743 through 1761 of the Public Records of
Miami-Dade County, Florida. The alley dedication had followed the City's closure of the
majority of the block's original platted alley through City Commission Resolution 2005-25869.
Because there is some doubt as to whether all of the conditions subsequent to Resolution 2005
were satisfied, ratification of the closure of that prior alley vacation is included in the approval
of the current closure request.
C. The City has long sought a solution to providing a pedestrian connection across
Fifth Street on the western edge of the City. The construction of such a connection would allow
pedestrians to utilize the existing and planned public "baywalk" along Biscayne Bay and would
otherwise improve pedestrian connectivity in this area of the City. The City has been hampered
in these efforts by, among other things, a lack of available right of way in which to construct
40
portions of a pedestrian overpass on the north side of Fifth Street.
D. The City's recently completed Citywide Storm Water Management Master Plan
study determined that the area in which the Property is located has an area-wide deficiency that
could lead to worsening flooding conditions during extreme events. The City has determined
that additional on-site storage of storm water on private property can assist in remedying the
City's deficiency and therefore reduce the risk of flooding. On a per acre basis, the 600 Alton
project would need to provide for 287,980 gallons of on-site storage to help reduce the
area-wide deficiency.
E. In exchange for the City's closure of the above-referenced alleys, the Grantor has
agreed to grant an easement to the City over, across, under and through the Property for purposes
of the installation, operation, maintenance, and repair of pedestrian or other transportation related
improvements, including but not limited to a pedestrian overpass (including the installation of any
subterranean infrastructure).
F. The City shall bear any and all costs of construction, installation, operation,
maintenance, and repairs, associated with the operation and use of any future improvements
necessary for the proposed pedestrian overpass or other transportation related improvement upon the
property
G. In exchange for the City's closure of the above-referenced alleys, Grantor has further
agreed to design and install storm water improvements consisting of subterranean storage tanks
providing storage for at least 287,980 gallons on the Property. These improvements shall be
designed to accommodate storm water from the immediate vicinity and shall be employed during
periods that the City's local storm water management system is overburdened. The Grantor reserves
the right to utilize water stored in the subterranean tanks for irrigation purposes. Upon the
construction of the storm water improvements, the Grantor shall thereafter be responsible for the
continued management and maintenance of the storm water improvements. The Grantor has
agreed to provide the City with an easement to inspect the facility to ensure proper maintenance.
The transportation and storm water improvements shall collectively be referred to as the Easement
Improvements.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are
incorporated as if fully set forth herein.
2. Pedestrian Overpass or other Transportation Improvements.
2.1 Easement. Grantor hereby grants to the City, for the use and benefit of
the public a non-exclusive easement over, across, under and through the western
thirty-seven (37) feet of the Property ("Easement Area 1") for the purposes of the
construction, installation, operation, use, maintenance, repair, and replacement of portions of
a pedestrian overpass crossing Fifth Street or any other public transportation related purpose
as determined necessary by the City for the area.
2
41
2.2 Construction of Pedestrian Overpass and Related Improvements. The
City at its sole discretion may perform, or cause to be performed, at a time deemed
appropriate at the sole judgment of the City, a pedestrian overpass or other public
transportation improvements, and if pursued, shall be at its sole expense, in a good and
workmanlike manner, and in full compliance with all rules, regulations, permitting
requirements, codes, laws and ordinances of all governmental and quasi-governmental
authorities having jurisdiction. Upon completion of any construction activity in Easement
Area 1, the City shall immediately: (i) remove all construction debris and equipment; (ii)
fill and compact all excavations; and (iii) grade and restore the surface of the Property to
the same condition as existed prior to commencement of such work.
2.3 Maintenance. The City agrees to construct, install, maintain, and repair (as
necessary) transportation improvements it constructs or causes to be constructed in
Easement Area 1, so that same is at all times in good working order and condition and free
of material defects, subject only to occasional interruption of service due to: routine or
extraordinary maintenance, or repair thereof
3. Storm Water Improvements.
3.1 Easement. Grantor hereby grants to the City, for the use and benefit of
the public a non-exclusive easement over, across, under and through the portion of the
Property not within Easement Area 1 (hereinafter "Easement Area 2"), for the purposes of
the use, inspection, maintenance, repair, and replacement of subterranean storm water
improvements designed to accommodate at least 287,980 gallons.
3.2 Design and Construction of Storm Water Improvements. The Grantor
shall perform, or cause to be performed, the installation of subterranean storm water
improvements designed to accommodate at least 287,980 gallons and any and all related
improvements in Easement Area 2 at its sole expense, in a good and workmanlike manner,
and in full compliance with all rules, regulations, permitting requirements, codes, laws and
ordinances of all governmental and quasi-governmental authorities having jurisdiction.
The design of the improvements shall consistent with that shown on the attached Exhibit
"B" and shall be reviewed and approved by the Director of the City's Public Works
Department and all other reviewing authorities of the City and other governmental
agencies with jurisdiction. The storm water improvements shall be substantially complete
prior to the issuance of a certificate of occupancy for any portion of the 600 Alton Project
as approved through Planning Board Order No. 2094 that is located south of Sixth Street.
A copy of the Planning Board Order for the Project is attached as Exhibit "C." The storm
water improvements may, at the Grantor's discretion, be designed so that the system may
also serve the stormwater needs of the 600 Alton project by expanding the storage capacity
to accommodate 287,980 gallons of public stormwater plus such additional allocation as
the Public Works Director in writing may approve. Any stored water may be used for
irrigation of the Property and adjacent land.
3.2 Maintenance. Upon the completion of the storm water improvements to the
satisfaction of the City, the Grantor shall thereafter maintain, and repair (as
necessary) the storm water improvements, or necessary portions thereof, so
3
42
that same is at all times in good working order and condition and free of
material defects, subject only to occasional interruption of service due to: routine
or extraordinary maintenance, or repair thereof In the event that the City elects
to substantially modify or replace the installed improvements, the Grantor's
maintenance obligation shall cease.
4. Effective Date and Term. The above Easements shall become effective upon the
recordation of this Easement and Agreement in the Public Records of Miami-Dade County, shall
run with the land, and shall be binding on all parties and all persons claiming under it for a period
of thirty (30) years from the date this Grant of Easement and Agreement for Storm Water and
Transportation Improvements is recorded after which time it shall be extended automatically for
successive periods of ten (10) years each, unless released in writing by the City. The Grantor's
obligations to construct the storm water improvements shall terminate upon the acceptance of the
improvements by the City.
5. Successors and Assigns. This Easement and Agreement shall bind, and the benefit
thereof shall inure to, the successors and assigns of the Grantor and City.
6. Limitation. It is the intention of the parties hereto that the above Easements shall be
limited to and utilized solely for the uses and purposes expressed herein. The surface of the
Property under which subterranean storm water improvements are located shall at all times
continue to be used by Grantor and its invitees as pedestrian walkways and landscaping, except
as necessary during times of construction and installation of the storm water improvements and,
thereafter, during maintenance, or repair activities, as provided in Section 3 hereof.
7. Indemnification.
A Fallowing formal acceptance of this instrument by the Miami Beach City
Commission, and to the extent permitted by and subject to the limitations of Section 768.28,
Florida Statutes, the City shall indemnify and hold harmless the Grantor from all and against all
suits, claims, judgments, and all loss, damage, costs or charges including attorney's fees and
court costs arising from City's or its agents' or employees' acts or omissions, in any way
connected with the installation, location, repair, maintenance, use or replacement of any
Easement Improvements. This indemnification shall survive any cancellation of this Easement.
B. The Grantor shall indemnify and hold harmless the Grantee from all and against
all suits, claims, judgments, and all loss, damage, costs or charges including attorney's fees and
court costs arising from Grantor's or its agents' or subcontractors' acts or omissions, in any way
connected with the installation, location, repair, maintenance, use or replacement of any
Easement Improvements. This indemnification shall survive any cancellation of this Easement.
C. Notwithstanding anything contained in Section 7 to the contrary, the City shall
not be obligated or liable to Grantor, or any third parties, for any costs, liabilities, expenses,
losses, claims or damages, with respect to third party claims resulting from the negligence,
recklessness or willful misconduct of Grantor or its officials, employees, contractors, or agents.
8. Default.
A Default by Grantor. In the event of a default by Grantor in the installation or
4
43
maintenance of the storm water improvements such that the public health, safety, or welfare is at
risk, the City shall give written notice to Grantor, specifying the nature of such default. Grantor
shall have a period of ten ( 1 0) days following receipt of said notice in which to remedy the default
(or such longer time as may be necessary and reasonable, provided Grantor shall have commenced
a cure within said 1 0-day period and is diligently and continuously prosecuting same to
completion); failing which the City shall have the right to effect the required repairs so that the risks
to the public's health, safety, or welfare have be resolved.
B. Default by the City. In the event of a default by the City in the construction, use,
operation, maintenance, repair or replacement of the pedestrian overpass or other transportation
improvements or the use, operation, of the storm water improvements in a manner that creates a
risk to the public health, safety, or welfare or the Grantor's use and enjoyment of the Property and
adjacent land, or in the event that the City violates any other term, covenant and/or condition of the
Easement and Agreement, Grantor shall give written notice to the City, specifying the nature of
such default. The City shall have a period of ten (1 0) days following receipt of said notice in
which to remedy the default (or such longer time as may be necessary and reasonable, provided the
City shall have commenced a cure within said 1 0-day period and is diligently and continuously
prosecuting same to completion); failing which Grantor shall have the right, but not the obligation,
to access the storm water improvements, for the limited purpose of effecting the required cure. All
costs incident to curing a default by the City lU1der this subsection (B) shall be the sole
responsibility and obligation of and, accordingly, shall be borne by, the City.
9. Enforcement. In the event it becomes necessary for any party to defend or institute
legal proceedings as a result of the material failure of either party to comply with the terms,
covenants and conditions of this Easement and Agreement, the prevailing party in such litigation
shall recover from the other party all costs and expenses incurred or expended in connection
therewith, including, without limitation, reasonable attorneys' fees and costs, at all levels.
10. Venue; Jurisdiction. This Easement shall be governed and construed in all respects
in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of the
Courts of the State of Florida in Miami-Dade Colll1ty. BY ENTERING INTO THIS
EASEMENT AND AGREEMENT, GRANTOR AND THE CITY EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT.
11. Intemretation. No provision of this Easement and Agreement will be interpreted in
favor of, or against, any of the parties hereto by reason of the extent to which any such party or its
counsel participated in the drafting thereof or by reason of the extent to which any such provision
is inconsistent with any prior draft hereof or thereof.
12. ColU1terparts. This Easement and Agreement may be executed in any number of
COlmterparts, each of which shall be deemed an original and all of which, taken together, shall
constitute a single document.
15. Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to have been duly given when delivered by hand, when received if
sent by recognized overnight courier or three (3) business days after deposit in the United States
mail, by registered or certified mail, return receipt requested, postage prepaid, and addressed to the
5
44
address set forth immediately beneath each party's signature below (or to such other address as
either party shall hereafter specify to the other in writing). Any party may change the address for
notice purposes by giving written notice thereof to the other parties, which shall be effective upon
receipt by each of the other parties. For the present, the parties designate the following as the
respective places for giving of notice, to wit:
FOR GRANTOR:
FOR CITY:
500 Alton Road Ventures, LLC
2200 Biscayne Boulevard
Miami, Florida 3313 7
Attn: Sharon Christenbury
With a copy to:
Graham Penn, Esq.
Bercaw Radell & Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
Email: gpenn(a),brzoninglaw.com
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Fax: (305) 673-7782
With a copy to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Fax: (305) 673-7002
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 3 313 9
Fax: (305) 673-7028
14. Entire Easement. This Easement and Agreement constitutes the entire agreement
between the parties hereto relating in any manner to the subject matter of this Easement and
Agreement. No prior agreement or understanding pertaining to same shall be valid or of any force
or effect, and the covenants and agreements herein contained cannot be altered, changed or
6
45
supplemented except in writing and signed by the parties hereto.
15. Severability. If any clause or provision ofthis Easement and Agreement is deemed
illegal, invalid or llllenforceable under present or future laws effective during the term hereof, then
the validity of the remainder of this Easement and Agreement shall not be affected thereby and
shall be legal, valid and enforceable.
16. No Waiver. The failure of Grantor or the City to insist in any one or more
instances, upon strict performance of any covenant or agreement in this Easement and
Agreement will not be construed as a waiver or relinquishment of the future enforcement of such
covenant or agreement, but the same will continue and remain in full force and effect.
17. No Transfer of Fee Simple Title. This Easement and Agreement shall never be
construed as a conveyance, in any manner whatsoever, of fee simple title to any portion of the
Property, it being intended by the parties hereto that this Agreement conveys only easements for
the uses and purposes set forth herein, and subject to the terms and conditions set forth herein.
18. No Public Grant. Nothing in this Easement and Agreement shall be deemed to
be a gift or dedication of any area for public use, other than as specifically set forth herein. Except
as specifically provided herein, all rights, easements, and interests herein created are private and do
not constitute a grant for public use or benefit.
19. Third Parties. Nothing expressed or implied in this Agreement is intended, or
shall be construed, to confer upon or give any person or entity, other than City and the Grantor,
any rights or remedies under, or by reason of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
7
46
IN WITNESS WHEREOF, the parties hereto have duly executed this Grant ofEasement as
of the date and year first set forth above.
Signed, sealed and delivered
in the presence of:
Print Name -----------------
Print Name ------------------
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTOR:
500 ALTON ROAD VENTURES, LLC, a
Florida Limited Liability Company
By: -----------------------
Name: ---------------------Title: -----------------------
The foregoing instnunent was acknowledged before me this day of
2012, by as
__________________ of 500 ALTON ROAD VENTURES, LLC, a Florida Limited
Liability Company on behalf of such limited liability company, who is personally known to me or
has produced a driver's license as identification.
8
47
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
IN WITNESS WHEREOF, the parties hereto have duly executed this Grant of Easement as
of the date and year first set forth above.
Signed, sealed and delivered
in the presence of:
Attest:
City Clerk
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
GRANTEE:
CITY OF MIAMI BEACH, a Florida
municipal corporation
By: ___________ _
Name: -----------------Title: ------------------
The foregoing instrument was acknowledged before me this day of
2013, by , as
________________ of the City of Miami Beach, a Florida municipal corporation on
behalf of such municipal corporation, who is personally known to me or has produced a
driver's license as identification. ---------
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
F:\ATTO\HELG\Agreements\500 -600 Alton Road\500 Alton Easement 2013 rev EC and GH, GP clean 9-4-13.docx
9
48
COUSINS SURVEYORS & ASSOCIATESt INC. (PROJECT NUMBER : 6844-12 )
CLIENT : ~ 3921 SW 47TH AVENUE, SUITE 1011
DAVIE, FlORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB II 6448
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
CRESCENT HEIGHTS
A PORTION OF LOTS 1, 17, 18 AND 19 OF "AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1;
THENCE SOUTH 00"22'51" EAST ALONG THE EAST LINE OF SAID LOT 1, A
DISTANCE OF 7.48 FEET TO THE POINT OF BEGINNING AND A POINT ON A
TANGENT CURVE, CONCAVE TO THE NORTHWEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 65.5 FEET, A CENTRAL ANGLE OF 87"00' 49" AND AN ARC
DISTANCE OF 99.47 FEET;
THENCE SOUTH 86"38'28" WEST, A DISTANCE OF 112.67 FEET TO A POINT
ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH 19.33'06" WEST);
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 29.30 FEET, A CENTRAL ANGLE OF 46.06'19" AND AN ARC
DISTANCE OF 23.58 FEET;
THENCE NORTH 24.20'35" WEST ALONG THE WESTERLY LINE OF SAID LOT
17, A DISTANCE OF 14.63 FEET;
THENCE NORTH 89.37'56" EAST, A DISTANCE OF 125.06 FEET;
THENCE NORTH 59.18'01" EAST, A DISTANCE OF 83.7 4 FEET TO THE POINT
OF BEGINNING.
LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH,
MIAMI/DADE COUNTY, FLORIDA; CONTAINING 5,415 SQUARE FEET MORE OR
LESS.
REVISIONS DATE F'B/PG OWN CKO l PROPERTY AODitESS :
07/30/1$ ----AV REC LAND DESCRIPTION 500 BLOCK, loiiAt.ll BEACH
& SKETCH FOR ( SCJ.LE: N/A
EASEMENT
(SHEET 1 OF 3
49
)
)
COUSINS SURVEYORS & ASSOCIATES, INC.
3921 SW 47TH AVENUE, SUITE 1011
DAVIE, fLORIDA 33314
(PROJECT NUMBER : 6844-12 )
CLIENT :
CERTifiCATE Of AUTHORIZATION : LB # 6448
PHONE (954) 689-7766 FAX (954) 689-7799 CRESCENT HEIGHTS
LAND DESCRIPTION AND SKETCH
REVISIONS DATE fB/PG OWN CKD
07/!0/13 ----•v R[C
-~so
"AMENDED PLAT Of'
AQUARIUM SITE
RESUBOIVISION ..
(P.B. 21, PG. 83, t.I/D.C.R.)
6 -1 -en
5
-1
N
LAND DESCRIPTION
I ( PI!OI'[~TY AOI)RESS :
500 BLOCK, t.IIA.Iil BEACH
& SKETCH FOR ( SCALE: 1" = 30'
EASEMENT
( SHEET 2 OF 3
)
)
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 )
REVISIONS
3921 SW 47TH AVENUE, SUITE 1011 CUENT .•
DAVIE, FLORIDA 33314
CERTIFICATE OF AUTHORIZATION : LB (I 6448 CRESCENT HEIGHTS
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LEGEND:
CKD
OWN
FS/PG
POS
POC
P.S.
~/D.C.R.
SQ. FT.
POB
R
A
!::,
CHECKED &Y
DRAWN BY
FIELD BOOK AND PAGE
POINT Of' BEGINNING
POINT OF COWioiENCEMEHT
PLAT BOOK
~IAI.II/DADE COUNTY RECORDS
SQUARE FEET
POINT OF BEGINNING
RADIUS
ARC DISTANCE
CENTRAl ANGLE
1. HOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIO,&, LICENSED SURVEYOR AND WAPPER.
2. LANDS SHOWN HEREON WERE HOT 4BSTIIACTEO FOR RIGHTS-OF-WAY,
EASEWEHTS, OWNERSHIP, OR OTHER INSTRUt.IENTS Of RECORD.
3. OAT,&, SHOWN HEREON DOES NOT CONSTITUTE A fiELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREP4RED BY THE SURVEYOR.
S. BEARINGS SHOWN HEREON ARE ASSUt.IED.
I HEREBY CERTIFY THAT THE ATIACHED "LAND DESCRIPTION AND SKETCH" IS
TRUE AND CORRECT TO THE BEST Of WY KNOWLEDGE AND BEUEF AS
PREPARED UNDER I.IY DIRECTION IN JULY, 2013. I FURTHER CERTIFY THAT
THIS "LAND DESCRIPTION AND SKETCH" t.IEETS THE t.IINit.IU~ TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF' THE FLORIDA ADt.IINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
~ if. a---:==-:> F'OR THE r!RI.I, SY: ------------------------------------
RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AHO loiAPP£R
FLORIDA REGISTRATION NO. 4188
DATE F'B/PG OWN
07/J(J/15 ----J.V
CKD
lt[C LAND DESCRIPTION
&: SKETCH FOR
EASEMENT
(
~IWPERTY ADDII£SS :
SOO BLOCK, loiiA~I BEACH
(SCALE: N/A
_________ ....... _ ___.~ _ __,_ _ ___.~__, --------( SHEET 3 OF 3
-----------------------51---------------
)
)
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53
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54
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT ENTERED INTO ON DECEMBER
22, 2010 WITH CAMP DRESSER & MCKEE, INC (COM) FOR ADDITIONAL
WORK ON THE STORMWATER MASTER PLAN IN THE AMOUNT OF
$57,804.00 RELATIVE TO NEIGHBORHOOD CONCURRENCY REVIEWS, A
PUBLIC MEETING, AND ADDITIONAL MODEL RUNS REQUESTED AS A
RESULT OF THE PUBLIC MEETING AND AUTHORIZING AND DIRECTING
THE CITY MANAGER AND THE CITY ATTORNEY'S OFFICE TO FINALIZE
THE AMENDMENT AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE FINAL AMENDED AGREEMENT.
WHEREAS, as a result of Request for Qualifications (RFQ) 03-09/10 regarding work on
the City's Stormwater Master Plan and Resolution 2010-27334, the City Commission authorized
the Administration to enter into negotiations with Camp Dresser & McKee, the top-ranked firm
responding to the RFQ; and
WHEREAS, at its June 9, 2010 meeting, the City Commission, via Resolution No. 2010-
27422, approved a professional services agreement {Agreement) with Camp Dresser & McKee
(now COM-Smith), to prepare a new Stormwater Management Master Plan (SWMMP) in the
amount of $1,091,435.00 and, at its November 14, 2012 meeting, the City Commission, via
Resolution No. 2012-28068, adopted the SWMMP; and
WHEREAS, pursuant to the Agreement, COM-Smith created a comprehensive, Citywide
model of the stormwater infrastructure, identified those basins that are experiencing a reduced
level of service, projected sea level rise in order to provide minimum stormwater design criteria,
and developed order of magnitude cost estimates for the improvements within the base scope
of services; and
WHEREAS, at the June 28, 2012 Finance and Citywide Projects Committee meeting,
the Committee directed staff to have a public discussion on sea level rise and to return with the
results, and this public discussion was not included in the base scope of services; and
WHEREAS, as a result of questioning at this public meeting, the consultant calculated
the additional cost of the capital improvements for a 30-year time frame and presented an
analysis of the costs differences between a 20-year planning horizon and a 30-year planning
horizon; and
WHEREAS, outside the base scope of services, COM-Smith used the citywide model to
provide concurrency reviews of ten neighborhood improvement projects that prompted changes
to the stormwater designs of the neighborhoods due to inter-basin flows and resulted in
proposed improvements that will be more effective and more flexible to account for the
uncertainty relative to the rate of sea level rise; and
WHEREAS, COM-Smith and City staff negotiated compensation based upon the work
performed (and not additional work required to further explain or justify analyses conducted
under the base scope of services) for an additional cost of $57,804.00 that would result in a total
cost of $1,149,239.00 for the SWMMP.
Agenda Item ~ 1 P
55 Date i-11-12
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve an amendment to the professional services Agreement with COM-Smith for additional
work on the Stormwater Master Plan in the amount of $57,804.00 relative to neighborhood
concurrency reviews, a public meeting, and additional model runs requested as a result of the
public meeting, and authorize and direct the City Manager and the City Attorney's Office to
finalize the amendment to the Agreement and further authorize the Mayor and City Clerk to
execute the final amended Agreement.
PASSED and ADOPTED this 11 1h day of September, 2013.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
T:\AGENDA\2013\September 11\Stormwater Management Master Plan-RESO FINAL.docx
L ________ ~ ________________ ss __________________________ ~
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
REQUEST FOR PROPOSAL (RFP) NO. 095-2013ME, FOR THE
COMPREHENSIVE PROFESSIONAL TENNIS MANAGEMENT AND
OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND NORTH SHORE
PARK TENNIS CENTERS; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, MIAMI BEACH
TENNIS MANAGEMENT, LLC; AND SHOULD THE ADMINISTRATION NOT
BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-
RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-
RANKED PROPOSER, CLIFF DRYSDALE MANAGEMENT, INC; AND
SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING
AN AGREEMENT WITH THE SECOND-RANKED PROPOSER,
AUTHORIZING NEGOTIATIONS WITH THE THIRD-RANKED PROPOSER,
JANE FORMAN SPORTS; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE THIRD-
RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE FOURTH-
RANKED PROPOSER, GREENSQUARE, INC; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on February 6, 2013, the Mayor and City Commission approved the
issuance of Request for Proposal (RFP) 095-2013ME For the Comprehensive Professional
Tennis Management and Operations Services at the City's Flamingo and North Shore Park
Tennis Centers; and
WHEREAS, RFP 095-2013ME was issued on February 13, 2013, with an opening date
of March 28, 2013; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on February 25, 2013; and
WHEREAS, seven (7) prospective proposers downloaded the solicitation from The
Public Group and additionally, the Procurement Division notified over 60 additional individuals
and/or potential proposers via e-mall, which resulted in the receipt of proposals from the seven
(7) firms; and
WHEREAS, on March 25, 2013, the City Manager via Letter to Commission (LTC) No.
094-2013, appointed an Evaluation Committee (the "Committee"); and
WHEREAS, the Committee convened on May 13, 2013 to consider proposals received
and interview the proposing teams; and
WHEREAS, the Committee was provided with an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law;
general information on the scope of services, Performance Evaluation Surveys, and additional
57
Agenda Item B 1 G
Date q-1\-!3
pertinent information from all responsive proposers; and engaged in a Question and Answer
session after the presentation of each proposer; and
WHEREAS, the Committee was also presented with a comparative analysis, prepared
by the City's Finance Department, of financial proposals submitted by each proposer which, as
requested in the RFP, asked that proposers submit a monthly guaranteed minimum revenue to
the City and a percentage of gross revenue, when the gross revenue is in excess of $650,000,
to be paid monthly thereafter; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFP; additional points, over the aforementioned
potential points were to be allocated, if applicable and in accordance with the Local and
Veterans Preference ordinances; and
WHEREAS, the Committee discussed its individual perceptions of the proposers'
qualifications, experience, and competence, and further scored and ranked the proposers
accordingly; and
WHEREAS, following the review of the rankings, a motion was presented by David
Berger, seconded by Jonathan Groff, and unanimously approved by all Committee members, to
recommend entering into negotiations with the top-ranked proposer, Miami Beach Tennis
Management, LLC; and should the Administration not be successful in negotiating an
agreement with the top-ranked proposer, authorizing negotiations with the second-ranked
proposer, Cliff Drysdale Management, Inc; and should the Administration not be successful in
negotiating an agreement with the second-ranked proposer, authorizing negotiations with the
third-ranked proposer, Jane Forman Sports; and should the Administration not be successful in
negotiating an agreement with the third-ranked proposer, authorizing negotiations with the
fourth-ranked proposer, Greensquare, Inc; and
WHEREAS, after considering the review of the recommendation of City staff, the City
Manager exercised his due diligence and is recommending that the Administration enter into
negotiations with the top-ranked proposer, Miami Beach Tennis Management, LLC; and should
the Administration not be successful in negotiating an agreement with the top-ranked proposer,
authorizing negotiations with the second-ranked proposer, Cliff Drysdale Management, Inc; and
should the Administration not be successful in negotiating an agreement with the second-ranked
proposer, authorizing negotiations with the third-ranked proposer, Jane Forman Sports; and
should the Administration not be successful in negotiating an agreement with the third-ranked
proposer, authorizing negotiations with the fourth-ranked proposer, Greensquare, Inc.
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 hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals pursuant to request for proposal (RFP) No. 195-2013ME, for the comprehensive
professional tennis management and operations services at the City's Flamingo and North
Shore Park tennis centers; authorize the Administration to enter into negotiations with the top-
ranked proposer, Miami Beach Tennis Management, Lie; and should the Administration not be
successful in negotiating an agreement with the top-ranked proposer, authorize negotiations
with the second-ranked proposer, Cliff Drysdale Management, Inc; and should the
Administration not be successful in negotiating an agreement with the second-ranked proposer,
authorize negotiations with the third-ranked proposer, Jane Forman Sports; and should the
administration not be successful in negotiating an agreement with the third-ranked proposer,
58
authorize negotiations with the fourth-ranked proposer, Greensquare, Inc; and further authorize
the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations
by the Administration.
PASSED AND ADOPTED this ___ day of ____ 2013.
ATTEST:
Rafael Granado, City Clerk Mattie Herrera Bower, Mayor
T:\AGENDA\2013\September 11 \Procuremeni\RFP-095-2013ME-Tennis Management -Resolulion.doc
59
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60
OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY
BE
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager, Jimmy Mor
FROM:
/
DATE: September 11, 2013.
COMMISSION MEMORANDUM
SUBJECT: RESOLUTION AUTHORIZING THE MIAMI-DADE CANVASSING BOARD FOR THE
COUNTYWIDE NOVEMBER 5, 2013 SPECIAL ELECTION TO SERVE AS THE
CANVASSING BOARD FOR THE CITY OF MIAMI BEACH'S GENERAL AND
SPECIAL ELECTIONS TO BE HELD ON NOVEMBER 5, 2013.
On November 5, 2013, Miami-Dade County will be conducting a countywide Special Election to
present a bond referendum regarding the Public Health Trust. As the County's Special Election is on
the same date as the City's General and Special Elections, Miami-Dade County is charged with full
responsibility regarding the conduct of the subject Elections, and its canvassing board shall canvass
the results of the County's Special Election, as well as the City's November 5, 2013, General and
Special Elections. In view of the County's duties with regard to the canvassing of all elections on
November 5, 2013, the attached Resolution provides that the Miami-Dade County Canvassing Board
shall serve as the City's Canvassing Board for the City's November 5, 2013 General and Special
Elections.
With regard to a potential Run-Off Election on November 19, 2013, as the County will not have an
election on that date, the City must appoint its own canvassing board for purposes of a Run-Off
Election, if needed. An item appointing the City's canvassing board for such purpose will be on the
October 16, 2013 Commission agenda.
DT/Ir
F:IATTO\TURN\COMMMEMO\County Canvassing Board General-November 2013.docx
61
Agenda Item R'7T
Date 9"'/1-/3
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62
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving an expenditure of budgeted
funds in reasonable and necessary amounts for the public purpose of informing and educating the voters of the City of
Miami Beach regarding the ballot questions on the City's November 5, 2013 Special Election in order to achieve a more
informed electorate vote.
Key Intended Outcome Supported:
Increase community satisfaction with City government.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents rated
Miami Beach city government as Good or Excellent in meeting their expectations.
Item Summa /Recommendation:
The voters of the City of Miami Beach will be presented with seven (7) City ballot questions on its November 5, 2013
Special Election. The subject of the City ballots questions are:
1. Prohibition of Discrimination by City of Miami Beach in Employment Practices and Benefits Offered
2. Improvement of Public Educational Facilities Available to Miami Beach Citizenry
3. City Assistance to Condominium and Co-op Owners
4. Citywide Referendum Required to Repeal or Reduce Protections in City Code Chapter 62 ("Human Relations"}
5. Amending Charter Section 1.03(b} Re: Voter Approval of Certain City-Owned Property
6. "Convention Center Project": Lease of City Properties to South Beach Arts Culture Entertainment ("Tishman")
7. Advisory, Non-binding Straw Ballot Question-Medicinal Marijuana Resolution
The City Administration believes that educating the voters on these matters is in the public interest and serves a public
purpose. In an effort to explain, and educate the voters on each of these questions, the Administration will be preparing
public education information through various methods, which may include video presentation on the City's cable channel, a
voter's guide and other means. No additional funding is required to educate the public as the Administration will use funds
budgeted and appropriated in FY 12/13 for MB magazine and MBTV for video production, printing, graphics, translation
services, layout, mailing, and other miscellaneous costs as needed to disseminate the information. However, the
Administration is requesting authorization to spend these previously appropriated funds for this public purpose.
These expenditures will further serve the public purpose given the City's reasonable expectation that these efforts at
explaining the ballot questions and educating the voters will result in a more informed electorate vote, benefiting the public
ood.
IN/A
Advisory Board Recommendation:
Financial Information·
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: No additional funding is required to educate the public, as the Administration will use funds
budQeted and appropriated in FY 12/13 for MB magazine and MBTV.
City Clerk's Office Legislative Tracking:
MIAMI BEACH
63
AGENDA ITEM ___,_R.:...~_V __
DATE 'f-l 1-13
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
N MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy L. Morales, City Manager
DATE: September 11,2013
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AP ROVING AN EXPENDITURE OF BUDGETED
FUNDS IN REASONABLE AND NECESSARY AMOUNTS FOR THE PUBLIC
PURPOSE OF INFORMING AND EDUCATING THE VOTERS OF THE CITY OF
MIAMI BEACH REGARDING THE BALLOT QUESTIONS ON THE CITY'S
NOVEMBER 5, 2013 SPECIAL ELECTION BALLOTS IN ORDER TO ACHIEVE A
MORE INFORMED ELECTORATE VOTE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Increase community satisfaction with City government.
ANALYSIS
The voters of the City of Miami Beach will be presented with seven (7) City ballot questions on
its November 5, 2013 Special Election. The subject of the City ballot questions are:
1. Amending the City Charter to prohibit discrimination by the City of Miami Beach in
employment practices and benefits offered.
2. Amending the City Charter to set forth City's policy to cooperate with the Miami-Dade
County Public Schools, to strive to improve the quality and quantity of public educational
facilities available to the citizenry of the City of Miami Beach.
3. Amending the City Charter to acknowledge the purpose and duties of the City's
administration as assisting condominium and co-op owners with permitting process;
facilitating resolution of condominium-related issues with outside agencies; and acting as a
liaison between condominium or co-op owners, management firms and the City.
4. Amending the City Charter to require a Citywide referendum to repeal or reduce protections
in City Code Chapter 62 ("Human Relations") that inures to the benefit of a member of the
classification categories of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, marital status, familial status, and age as defined in City Code Section
62-31.
64
"voter Education Ballot Questions
September 11, 2013
City Commission Meeting
Page 2of2
5. Amending Charter Section 1.03{b) to require 60% voter approval before the City's sale or
lease exceeding ten years, exchange or conveyance of the "Convention Center Campus"
property (all City-owned property within Civic and Convention Center District except
Convention Center and Carl Fisher Clubhouse).
6. Question seeking voter consent to enter into 99-year leases with South Beach Arts Culture
Entertainment ("Tishman") requiring payment to the City of fair market rent on the following
City properties: Convention Center Parking Lots; Convention Center Drive; Portions of
Convention Center, Convention Center's air rights and parking spaces; and the 171h Street
Garage ground floor ("Garage"}. For Tishman's development thereon of: an 800 room hotel;
20,000 square feet retail/restaurants north of 171h Street; and 70,000 square feet
retail/restaurants in the Garage.
7. Advisory, non-binding straw ballot question asking if the City Commission should adopt a
resolution urging the Federal Government and the Florida Legislature to decriminalize and
authorize the medicinal use of marijuana?
The City Administration believes that educating the voters on these matters is in the public
interest and serves a public purpose. In an effort to explain, and educate the voters on each of
these questions, the Administration will be preparing public education information through
various methods, which may include video presentation on the City's cable channel, a voter's
guide and other means. No additional funding is required to educate the public as the
Administration will use funds budgeted and appropriated in FY 12/13 for MB magazine and
MBTV for video production, printing, graphics, translation services, layout, mailing, and other
miscellaneous costs as needed to disseminate the information. However, the Administration is
requesting authorization to spend these previously appropriated funds for this public purpose.
These expenditures will further serve the public purpose given the City's reasonable expectation
that these efforts at explaining the ballot questions and educating the voters will result in a more
informed electorate vote, benefiting the public good.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
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65
RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE
OF BUDGETED FUNDS IN REASONABLE AND NECESSARY
AMOUNTS FOR THE PUBLIC PURPOSE OF INFORMING AND
EDUCATING THE VOTERS OF THE CITY OF MIAMI BEACH
REGARDING THE BALLOT QUESTIONS ON THE CITY'S NOVEMBER
5, 2013 SPECIAL ELECTION BALLOTS IN ORDER TO ACHIEVE A
MORE INFORMED ELECTORATE VOTE.
WHEREAS, the voters of the City of Miami Beach will be presented with seven City
ballot questions on its November 5, 2013 Special Election ballot; and
WHEREAS, the subject matters of the subject City ballot questions relate to amending
the City Charter on issues concerning the Citizen's Bill of Rights to prohibit discrimination by the
City in employment practices and benefits offered, the improvement of public educational
facilities available to the Miami Beach citizenry, and City assistance to condominium and co-op
owners; creating City Charter Section 1.07 to require a Citywide referendum to repeal or reduce
protections in City Code Chapter 62 ("Human Relations"); amending Charter Section 1.03(b)
regarding voter approval of certain City-owned property; and non-Charter ballot questions
regarding the lease of City properties to South Beach Arts Culture Entertainment ("Tishman")
with regard to the Convention Center Project; and an advisory, non-binding straw ballot question
regarding a medicinal marijuana resolution --all of which issues affect and involve the interests
of the City of Miami Beach and its citizens; and
WHEREAS, the Miami Beach City Commission believes that educating the voters on
these matters is in the public interest and serves a public purpose; and
WHEREAS, in an effort to explain, and educate the voters on each of these questions
through various methods which may include video presentation on the City's cable channel, a
voter's guide, and other means, the Administration is requesting approval to spend reasonable
and necessary budgeted amounts for video production, printing, graphics, translation services,
layout, mailing, advertising, and other miscellaneous costs as needed; and
WHEREAS, these expenditures will further serve the public purpose given the City's
reasonable expectation that these efforts at explaining the ballot questions and educating the
voters thereon will result in a more informed electorate vote, benefiting the public good.
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 herein state the public purpose of explaining to and educating the City's voters on
the seven City ballot questions which will appear on its November 5, 2013 Special Election
ballots, and thus approve the expenditure of budgeted funds in reasonable and necessary
amounts in furtherance of the aforementioned public policy which is intended to benefit the
public good and serve a public purpose.
PASSED and ADOPTED this ___ day of September, 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
F:IAITO\TURN\RESOS\Voters Education Ballot Questions-2013.docx
66
MATTI HERRERA BO~ifJPROVED AS TO
MAYOR FORM & LANGUAGE
& FOR EXECUTION
ey 3.7\ Date
RESOLUTION NO. ________ _
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY (RDA) ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE
PROJECTS COMMITTEE PERTAINING TO THE EARLYTERMINATION
OF AN EXISTING RETAIL LEASE AGREEMENT BETWEEN THE MIAMI
BEACH REDEVELOPMENT AGENCY ("LANDLORD") AND CADIAC,
INC. D/BIA US VINTAGE ("TENANT"), INVOLVING SUITES D AND E IN
THE ANCHOR SHOPS, LOCATED AT 1560 COLLINS AVENUE, SUITE
3, MIAMI BEACH, FLORIDA (uSPACE"); AND APPROVING AND
AUTHORIZING THE RDA TO ENTER INTO A NEW LEASE AGREEMENT
WITH US VINTAGE, INC. (US VINTAGE) FOR AN INITIAL TERM OF
THREE (3) YEARS, COMMENCING ON OCTOBER 1, 2013 AND ENDING
ON SEPTEMBER 30, 2016, WITH TWO (2) RENEWAL OPTIONS OF
THREE (3) YEARS AND THREE (3) YEARS AND 364 DAYS
RESPECTIVELY, AT THE RDA'S SOLE AND ABSOLUTE DISCRETION,
SUBJECT TO AND PURSUANT TO THE TERMS AND CONDITIONS SET
FORTH IN THE AGREEMENT.
WHEREAS, Tenant, Cadiac, Inc., d/b/a US Vintage, currently has a lease with the Miami
Beach Redevelopment Agency {RDA), for a term of fifteen years (Lease), for the use of Suites D
and E in the Anchor Shops, with a physical address of 1560 Collins Avenue, Suites 3-4, Miami
Beach, Florida 33139, which space has approximately 4,236 square feet of retail space (Space);
and
WHEREAS, Tenant's current Lease expires on May 30, 2013; however, Tenant is desirous
of making improvements to the Space and therefore requires a new lease with Tenant's managing
entity, US Vintage, Inc. (New Tenant), for an extended term; and
WHEREAS, on June 25, 2013, Staff presented the Tenant's request for an early
termination of its Lease and the proposal for a new Retail Lease to the Finance and Citywide
Projects Committee, which recommended in favor of Tenant's request, directing Staff to finalize a
proposed termination agreement for the existing Lease, as well as a proposed New Retail Lease, for
approval by the RDA Board;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, That the Chairperson
and Members of the Miami Beach Redevelopment Agency hereby authorize the Chairperson and
Secretary to execute a Termination Agreement of the existing Retail Lease Agreement between the
Miami Beach Redevelopment Agency (Landlord) and Cadiac, Inc. d/b/a US Vintage (Tenant},
involving Suites D and E in the Anchor Shops, having a physical address of 1560 Collins Avenue,
Suite 3-4, Miami Beach, Florida 33139 (Space); and authorizing the Chairperson and Secretary to
execute a Retail Lease agreement with US Vintage, Inc. (US Vintage) for an initial term of three (3)
years, commencing October 1, 2013 and ending on September 30, 2016, with two (2) additional
renewal options of three (3} years and three (3) years and 364 days, respectively, at the RDA's sole
and absolute discretion, subject and pursuant to the terms and conditions set forth in the
Agreement.
67
Agenda Item '""""'='"/A--'----
Date 9-11-IE.
PASSED and ADOPTED this 11th day of September, 2013.
ATTEST:
Rafael E. Granado, SECRETARY
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i
68
Matti Herrera Bower, CHAIRPERSON
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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