C7E-Execute Baywalk Authorization Agreement With Lincoln Bay Towers AssociationCOMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Approving and Authorizing the Mayor and City Clerk to Execute the Baywalk Authorization
with Lincoln Bav Towers Association.
a
a
a
Build and Maintain Priority lnfrastructure with Full Accountability
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
ltem Summary/Recommendation :
The City of Miami Beach is in the process of developing a Baywalk that will create a contiguous pathway running
north/south adjacent to the Biscayne Bay from 5 Street to Lincoln Road. The Baywalk project is part of the larger
Atlantic Greenway Network which aims to promote the use of alternative transportation to reduce traffic
congestion and improve public access to Biscayne Bay. The City's Baywalk Master Plan (Attachment A)
illustrates portions of the walkway that have already been constructed, and those segments that will need to be
constructed over water to maintain continuity.
The Lincoln Bay Condominium located at 1450 Lincoln Road, as part of the Design Review Board approval, has
agreed to allow the City to design, permit and construct an over-water public baywalk section westward of the
subject property's seawall and pool deck. This agreement has since been drafted and has been signed by the
condominium association offlcers (Attachment B).
The existing rear pool deck extends over the seawall and projects into the bay. Consequently, the only method of
connection from the western street-end of Lincoln Road to the north side of the Mae Capri baywalk is to construct
an overwater baywalk adjacent to Lincoln Bay Tower Condominium.
The agreement has been finalized for recordation and includes the release of riparian rights by the property in
order to carry out the construction of the public baywalk segment in this area. ln addition, the City has agreed to
ensure complete and total responsibility for the construction, repair, and maintenance and operation of all
baywalk improvements necessary to maintain the structure in a safe and functional condition. The City will also
be responsible for obtaining all necessary local, state and federal permits as well as approvals that may be
required on occasion for the purposes of constructing, repairing, or maintaining the baywalk. Execution of the
Baywalk Authorization Agreement with Lincoln Bay Towers Association will allow the City to construct the
baywalk and provide a vital link for the continuity of the streetend at Lincoln Road to the southern baywalk
segment.
Administration Recommendation - Adopt the Resotution.
Financial ! nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: This item requires no funds.
Elizabeth Wheaton x6121
AGEITTDA trEM C7 E
o^rE //-l?4qMIAMIBEACH192
g MIAMIBEACH
Jimmy L. Morales, City Manager
November 19,2014
Cify of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
From:
Date:
Subject:
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE BAYWALK
AUTHORIZATION AGREEMENT WITH LINCOLN BAY TOWERS
ASSOCIATION.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach is in the process of developing a Baywalk that will create a contiguous
pathway running north/south adjacent to the Biscayne Bay from 5 Street to Lincoln Road. The
Baywalk project is part of the larger Atlantic Greenway Network which aims to promote the use of
alternative transportation to reduce traffic congestion and improve public access to Biscayne Bay.
The City's Baywalk Master Plan (Attachment A) illustrates portions of the walkway that have
already been constructed, and those segments that will need to be constructed over water to
maintain continuity.
The Lincoln Bay Condominium located at 1450 Lincoln Road, as part of the Design Review Board
approval, has agreed to allow the City to design, permit and construct an over-water public
baywalk section westward of the subject property's seawall and pool deck. This agreement has
since been drafted and has been signed by the condominium association officers (Attachment B).
ANALYSIS
The existing rear pool deck extends over the seawall and projects into the bay. Consequently, the
only method of connection from the western street-end of Lincoln Road to the north side of the
Mae Capri baywalk is to construct an ovenruater baywalk adjacent to Lincoln Bay Tower
Condominium.
The agreement has been finalized for recordation and includes the release of riparian rights by
the property in order to carry out the construction of the public baywalk segment in this area. ln
addition, the City has agreed to ensure complete and total responsibility for the construction,
repair, and maintenance and operation of all baywalk improvements necessary to maintain the
structure in a safe and functional condition. The City will also be responsible for obtaining all
193
City Commission Memorandum
Lincoln Bay Towers Baywalk Authorization Agreement
November 19,2014
Page 2 of 2
necessary local, state and federal permits as well as approvals that may be required on occasion
for the purposes of constructing, repairing, or maintaining the baywalk. Execution of the Baywalk
Authorization Agreement with Lincoln Bay Towers Association will allow the City to construct the
baywalk and provide a vital link for the continuity of the streetend at Lincoln Road to the southern
baywalk segment.
CONGLUSION
The Administration recommends executing the Baywalk Authorization Agreement with Lincoln
Bay Towers Association.
JLM/JJ/ MF/ESWTYP
ATTACHMENTS:
A: BAYWALK MASTER PLAN
B: BAYWALK AUTHORIZATION AGREEMENT
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194
City of Miami Beach: Public Baywalk Master PIan
ATTACHMENT A
Legend 0 300 600-
-----------rFeet
Baywalk
Status
Existi ng/Under Construction
Potential Baywalk Overwater Solution
195
ATTACHMENT B
This instrument prepared by:
Gary M. Held, First Asst. City Attorney
'1700 Convention Center Drive
Miami Beach, FL 33139
/ (This space for Clerk)
BAYWALK AUTHORIZATION AG REEM ENT
This BAYWALK AUTHORIZATION AG MENT ("Agreement") is made as of the date
set forth below by and between fui "Granto/') and The
City of Miami Beach ("Grantee") for the following and purposes.
RECITALS:
Grantor is the owner in fee simple of that certain tract or parcel of real propertv lvinq and
being in Miami-Dade County^, Florida, known asL,,r,,4t,.1nu frue,cs t*sia.,it t'.i*{dh'or"
address is t4{o L;rro/^l /4^.t , t4ia^:&.L ft-
legal description attached as Exhibit "A" hereto and made a part hereof (the "Property").
in the
The Grantee desires to obtain, and Grantor has agreed to convey, certain easements
and/or riparian rights, to allow Grantee to obtain a sovereignty submerged lands lease or other
use authorization from the Board of Trustees of the lnternal lmprovement Trust Fund of the
State of Florida ("Board of Trustees") and construct, repair, maintain and operate an ovenrvater,
independent pile supported public walkway structure known as the "Baywalk" and associated
improvements ("Baywalk") upon sovereign submerged lands located immediately waterward
(west) of the Property.
NOW, THEREFORE, Grantor and Grantee hereby covenant and agree as follows:
1. Recitals: The recitals set forlh above are true and correct, and incorporated into this
Agreement.
2. Grant of Riparian Rights: Grantor hereby grants and conveys to Grantee, the following
riparian rights related to the Property:
a. Riparian rights for the purpose of allowing Grantee to construct, repair, maintain and
operate a public Baywalk located, or to be located, by Grantee on sovereignty
submerged lands pursuant to a Sovereign Submerged Land Lease or other use
authorization between Grantee and the Board of Trustees;
b. Grantor hereby reserves riparian rights for pedestrian ingress and egress across the
Baywalk to all existing or future constructed docks or piers waterward (west) of the
Baywalk, for purposes of access to and from the waters of Biscayne Bay, and for
fishing, swimming and other recreational uses, to the extent consistent with the rights
granted in paragraph 2.a. above. Grantor hereby reserves the right to provide a
,nar^rr$:k,,tnithkZ 'r
196
4.
BAYWALK AUTHORIZATION AG REEM ENT
Page 2 of 4
locked gate watenarard of the Baywalk to prevent public access to existing or future
authorized private docks or piers, or the Property.
3. Baywalk: Grantee shall have complete and total responsibility for the construction,
repair, maintenance and operation of all Baywalk improvements necessary to maintain
the structure in a safe and functional condition. Grantee shall be responsible for
obtaining, at Grantee's cost, all necessary local, state, and federal permits and
approvals that may be required from time to time for purposes of constructing, repairing,
and maintaining the Baywalk. Grantor, as fee simple owner of the Property, agrees as
necessary, to affirm to any permitting agency for the purpose of issuance of a required
permit authorization for Baywalk construction, and assist Grantee, at Grantee's cost, as
may be reasonably necessary, including but not limited to the execution of such forms as
required for such permits. Grantee shall be solely responsible and liable for complying
with any local, state, or federal permits, requirements, obligations and duties (if any),
related to the construction, repair, and maintenance of the Baywalk. Grantee agrees to
undertake reasonable efforts so that the Baywalk will be offset a minimum of twenty (20)
feet away from the Grantor's pool deck, subject to final determination of location by
environmental agencies with permitting jurisdiction over the Baywalk based upon
environmental conditions.
Maintenance, Repair and lmprovements: Grantee shall, at its sole cost and expense,
timely perform all maintenance, repair and replacement of the Baywalk and shall at all
times maintain the Baywalk in a safe condition. ln the event Grantor's seawall and/or
pool deck requires repair or maintenance necessitating access from the water side, the
Grantee, at its sole cost, and providing such work cannot othen,rise be reasonably
accomplished, agrees to remove one or more sections of the Baywalk, or necessary
portions thereof, so that the Grantor can have access to the seawall and/or pool deck for
such repairs or maintenance. At the conclusion of the repairs or maintenance, the
reconstruction of this section of the Baywalk shall be at the sole cost of the Grantee.
Govenants Running with the Land: The riparian rights and Baywalk authorization
conveyed herein shall be deemed to be covenants appurtenant to and running with the
ownership of the Property, or any portion thereof.
lndemnification and Hold Harmless: The Grantee will assume and defend all liability
of Grantor, with respect to the Baywalk, except for any liability arising in whole or in part
from the negligence or willful acts of the Grantor, its officers, owners, residents, guests
and employees. Nothing contained in this paragraph or elsewhere in this Agreement is
intended to be a waiver of the limitations on the Grantee's liability to third parties as set
forth in Section 768.28, Florida Statutes; however, the limitations under such statutory
provision shall not apply to the Grantee's contractual obligations to defend Grantor and
to cover, pay and/or reimburse any and all costs, expenses, liabilities, claims, actions,
causes of action, losses, demands and damages, including, without limitation,
reasonable attorneys' fees (including the cost of in-house counsel) and disbursements at
the trial level and all levels of appeal, relating to death of or injury to persons, or loss of
or damage to property, incurred by Grantor and occurring with respect to the Baywalk,
resulting from, arising out of, or incurred in connection with, use of the Baywalk by the
Grantee, except as excluded herein.
5.
6.
tnitiab)@
lnitialsr%_
197
BAYWALK AUTHORIZATION AGREEM ENT
Page 3 of 4
7. Assignment: This Agreement shall be binding
successors and assigns of the parties hereto.
lN WITNESS WHEREOF. Grantor and Grantee
as of this ea aay or AeiSl_. 2ota
upon, and inure to the benefit of the
L
SIGNED, SEALED AND DELIVERED Grantor:
ay, /)rt.a
The
by
Grantee: THE Clry OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation
By.
have executed this Agreement effective
IN THE PRESENCE OF:
srArE orilar/& )
COUNTY OF
My Commission Expires:
Printed, typed or stamp
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Name:
Name:
Attest:
By:
City Clerk
Approved as to form and language
and for execution:
me this{day of
on behalf company.
JENNITEF RAMIREZ
Notary Public - State o, Florida
My Comm. Expires Jul 25,2014
Commission # EE 2131
198
BAYWALK AUTHORIZATION AG REEMENT
Page 4 of 4
6-)P- 20/g
Dated
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of20_ by and
respectively, for the City of Miami Beach, Florida, on behalf of
City.
Signature of Notary Public
My Commission Expires;
Printed, typed or stamp
and
the
By:
F:\ATTO\HELG\Baywalks\Lincoln Bay ToweABAYWALK AUTHORIZATION AGREEMENT - 9-28-2012.doc
rnitiarsM*
tnitiats #
199
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE BAYWALK AUTHORIZATION
AGREEMENT WITH THE LINCOLN BAY TOWERS ASSOCIATION.
WHEREAS, the City is developing a series of bicycle/pedestrian/greenway projects
called the Atlantic Greenway Network; and
WHEREAS, the Atlantic Greenway Network is made up of two main trail systems: the
Coastal Corridors, which extend north/south adjacent to the Atlantic Ocean and adjacent to
Biscayne Bay; and the Neighborhood Trails, which extend in easVwest as well as north/south
directions through the South, Middle, and North Beach neighborhoods; and
WHEREAS, the administration and City Attorney's Office have diligently worked over the
past decade to create a Baywalk from the southern tip of Miami Beach, past 5th Street and to
Lincoln Road, to create a northbound/southbound multi-purpose public access corridor along
Biscayne Bay that will serve as a connection between businesses, residential areas, schools,
parks, and the bay; and
WHEREAS, Lincoln Bay Towers Association owns the property at 1450 Lincoln Road
and has riparian rights to the Bay adjacent to their property; and
WHEREAS, accordingly the administration, the City Attorney's Office, and Lincoln Bay
Towers have negotiated the attached agreement whereby Lincoln Bay Towers agrees to convey
riparian rights to the City to allow the City to construct, repair and maintain and operate an
ovenruater independent pile supported public walkway structure and associated improvements
upon sovereign submerged lands located immediately watenruard of the property; and
WHEREAS, the agreement creates the right, but not the obligation, for the City to
design, permit and construct an over-water public baywalk section westward of the subject
property's seawall and pool deck, in order to complete the Baywalk between Sth Street and
Lincoln Road.
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 of the City of Miami Beach, Florida, approve and authorize the Mayor and City
Clerk to execute the Baywalk Authorization Agreement with the Lincoln Bay Towers
Association.
PASSED and ADOPTED this day of ,2014.
ATTEST:
CITY GLERK
APPROVED AS TO
MAYOR
Attorney Date
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