R7T-Set PH Approve Transfer Via Air Rights Easement Agmt To Betsy Ross Owner LLCCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Of Miami Beach, Florida, Pursuant To Section 82-37(AX2) Of The
City Code, Setting A Public Hearing To Consider Approving, On Second Reading, The Transfer, Via An Air Rights Easement
Agreement, To Betsy Ross Owner, LLC, The Property ldentified ln Exhibit "A," For The Construction Of Bridge Over The Ocean
Court Alley Between The Carlton And The Betsy Hotels; Containing Approximately 181 .66 Square Feet ln Total Area; Further
Waiving, By 5/7ths Vote, The Competitive Bidding Requirements Of Section 82-39(8) Of The City Code, Finding That The Public
lnterest Would Be Served By Waiving Such Condition; Directing The ltem Be Sent To The Next Finance And Citywide Projects
Committee Meeting With A Copy Of The Updated Appraisal; And Directing The City's Planning Department To Prepare A
Planni Pursuant To Section 82-38 Of The City Code.
nla
Item Summarv/Recommendation :
Betsy Ross South Beach Hotel located at1440 Ocean Drive (the Betsy Hotel), and the Carlton South Beach Hotellocated at 1433
Collins Avenue (the Carlton Hotel), are owned by BETSY ROSS OWNER, LLC, a Delaware limited liability company authorized to
do business in the state of Florida (Betsy Ross).
The Betsy Hotel and the Carlton Hotel are separated by a City public rightof-way known as Ocean Court, an alley that runs south
to north parallel to Ocean Drive. The right-of way of Ocean Court located between the Betsy Hotel and the Carlton Hotel was
dedicatedbyplattotheCityasapublicrightofway. ThisdedicationalsoincludestheairrightsovertheOceanCourtright-of-way
(the air rights over the Ocean Court right-of-way are referred to hereinafter as the "Easement Area").
The City's Historic Preservation Board (HPB), pursuant to HPB Order and Supplemental Order No. 7414 approved the installation
by the Betsy Ross of an elevated pedestrian bridge, which varies in length from 20 feet 10-718 inches to 20 feet 11-114 inches, has
a structural width of 8 feel4-314 inches with a decorative cover that has a width of 30 feet 9-3/8 inches, and located a minimum of
19 feet above the surface of the Ocean Court right of way (that is, within the Easement Area), for the purpose of connecting the
third floor levels of the Betsy Hotel and Carlton Hotel (the Pedestrian Bridge).
The Pedestrian Bridge is intended not to impede vehicular access through Ocean Court, up to the height of 19 feet above the
surface of Ocean Court. The City desires to grant an easement to Grantee for the sole purpose of ingress, egress, transport,
installation, maintenance, and repair across, over and through the Easement Area, as may be required by Betsy Ross in
connection with its operation and use of the proposed Pedestrian Bridge.
Under the air rights easement, the Betsy Ross shall bear any and all costs of installation, maintenance, utilities, replacements,
repairs, taxes, insurance and any and all other costs and expenses, including any necessary relocation or undergrounding of
existing utilities in conflict with the Pedestrian Bridge, involved in its installation, operation and use of the Pedestrian Bridge (the
Operating Costs).
Pursuant to Sections 82-37, the sale or transfer of City property, including any interest in City property, as with an air rights
easement, is to be referred by the City Manager to the Finance and Citywide Projects Committee. Pursuant to Section 82-38, of
the City Code, the Planning Department is to prepare a written planning analysis, to be submitted to the City Commission
concurrent with its consideration of the proposed conveyance. Although the City's procedures for the lease of sale or sale of
public property also require an advertised public bidding process and an independent appraisal, these requirements may be
waived by 517'n vote. The City has obtained an updated appraisal for the air rights easement area.
The City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, as
permitted pursuant to 82-39(b) finding that the public interest is served by waiving such condition, as the Betsy Ross is the only
entity interested in and could use the air rights easement between the Betsy Hotel and the Carlton Hotel.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information :
Source of
Funds:
OBPI
Financial lm
Eric Carpenter, Public Works X6012
*MIAMIBTACH
Agenda ttem R-lT-
oate -{-Z:TS-
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C MIAMIBEACH
City of Miqmi Beqch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Mem
FROM: Jimmy Morales, City
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM!
BEACH, FLORIDA, PURSUANT TO SECTTON 82-37( l(2) OF THE ClrY CODE,
SETTING A PUBLIC HEARING TO CONSIDER APPROVING, ON SECOND
READING,THE TRANSFER, VIA AN AlR RIGHTS EASEMENT AGREEMENT, TO BETSY
ROSS OWNER, LLC, THE PROPERTY IDENTIFIED IN EXHIBIT "A," FOR THE
CONSTRUCTION OF BRIDGE OVER THE OCEAN GOURT ALLEY BETWEEN THE
CARLTON AND THE BETSY HOTELS; CONTAINING APPROXIMATELY 181.66
SQUARE FEET IN TOTAL AREA; FURTHER WAIVING, BY 5/7THS VOTE, THE
coMpETtTtvE BtDDTNG REQUTREMENTS OF SECTTON 82-39(8) OF THE CITY CODE,
FINDING THAT THE PUBLIG INTEREST WOULD BE SERVED BY WAIVING SUCH
CONDITION; DIRECTING THE ITEM BE SENT TO THE NEXT FINANCE AND CITYWIDE
PROJECTS COMMITTEE MEETING WITH A COPY OF THE UPDATED APPRAISAL;
AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE A PLANNING
ANALYSIS PURSUANT TO SECTION 82.38 OF THE CITY CODE.
Betsy Ross South Beach Hotel located at 1440 Ocean Drive (the Betsy Hotel), and the Carlton
South Beach Hotel located at 1433 CollinsAvenue (the Carlton Hotel), are owned by BETSY ROSS
OWNER, LLC, a Delaware limited liability company authorized to do business in the state of Florida
(Betsy Ross).
The Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way known as Ocean
Court, an alley that runs south to north parallel to Ocean Drive. The right-of way of Ocean Court
located between the Betsy Hotel and the Carlton Hotel was dedicated by plat to the City as a public
right of way. This dedication also includes the air rights over the Ocean Court right-of-way (the air
rights over the Ocean Court right-of-way are referred to hereinafter as the "Easement Area").
The City's Historic Preservation Board (HPB), pursuant to HPB Order and Supplemental Order No.
7414 approved the installation by the Betsy Ross of an elevated pedestrian bridge, which varies in
length from 20 feet 10-718 inches to 20 feet 11-l14inches, has a structural width of 8 feet 4-314
inches with a decorative cover that has a width of 30 feet 9-3/8 inches, and located a minimum of 19
feet above the surface of the Ocean Court right of way (that is, within the Easement Area), for the
purpose of connecting the third floor levels of the Betsy Hotel and Carlton Hotel (the Pedestrian
Bridge).
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City Commission Memorandum - The Betsy Air Rights
September 2, 201 5
Page 2 of 2
The Pedestrian Bridge is intended not to impede vehicular access through Ocean Court, up to the
height of 19 feet above the surface of Ocean Court. The City desires to grant an easement to
Grantee for the sole purpose of ingress, egress, transport, installation, maintenance, and repair
across, over and through the EasementArea, as may be required by Betsy Ross in connection with
its operation and use of the proposed Pedestrian Bridge.
Under the air rights easement, the Betsy Ross shall bear any and all costs of installation,
maintenance, utilities, replacements, repairs, taxes, insurance and any and all other costs and
expenses, including any necessary relocation or undergrounding of existing utilities in conflict with
the Pedestrian Bridge, involved in its installation, operation and use of the Pedestrian Bridge (the
Operating Costs).
Pursuant to Sections 82-37, the sale or transfer of City property, including any interest in City
property, as with an air rights easement, is to be referred by the City Manager to the Finance and
Citywide Projects Committee.
Pursuant to Section 82-38, of the City Code, the Planning Department is to prepare a written
planning analysis, to be submitted to the City Commission concurrent with its consideration of the
proposed conveyance.
Although the City's procedures for the lease of sale or sale of public property also require an
advertised public bidding process and an independent appraisal, these requirements may bewaived
by 5/7th vote. The City has obtained an updated appraisal for the air rights easement area.
CONCLUSION
The City Administration recommends that the Mayor and City Commission waive the competitive
bidding requirement, as permitted pursuant to 82-39(b) finding that the public interest is served by
waiving such condition, as the Betsy Ross is the only entity interested in and could use the air rights
easement between the Betsy Hotel and the Carlton Hotel
JMtMvffiJJFIBAM/EB
T:\AGENDA\201 s\September\PuBLIC WORKS\The Betsy air rights. Memo.doc
985
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDA, PURSUANT TO SECTTON 82-37(Al(2) OF THE
CITY CODE, SETTING A PUBLIC HEARING TO CONSIDER APPROVING, ON
SECOND READING,THE TRANSFER, VIA AN AIR RIGHTS EASEMENT
AGREEMENT, TO BETSY ROSS OWNER, LLC, THE PROPERTY IDENTIFIED
IN EXHIBIT "A,'' FOR THE CONSTRUCTION OF BRIDGE OVER THE OGEAN
COURT ALLEY BETWEEN THE CARLTON AND THE BETSY HOTELS;
CONTAINING APPROXIMATELY 181.66 SQUARE FEET IN TOTAL AREA;
FURTHER WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING
REQUTREMENTS OF SECTTON 82-39(8) OF THE CITY CODE, FINDTNG THAT
THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH
CONDITION; DIREGTING THE ITEM BE SENT TO THE NEXT FINANGE AND
CITYWIDE PROJECTS COMMITTEE MEETING WITH A GOPY OF THE
UPDATED APPRAISAL; AND DIRECTING THE CITY,S PLANN!NG
DEPARTMENT TO PREPARE A PLANNING ANALYSIS PURSUANT TO
SECTION 82.38 OF THE CITY CODE.
WHEREAS, Betsy Ross South Beach Hotel located at 1440 Ocean Drive (hereinafter
the "Betsy Hotel"), and the Carlton South Beach Hotel located at 1433 Collins Avenue
(hereinafter the "Carlton Hotel"), are owned by BETSY ROSS OWNER, LLC, a Delaware limited
liability company authorized to do business in the state of Florida (hereinafter "Betsy Ross");
and
WHEREAS, the Betsy Hotel and the Carlton Hotel are separated by a City public right-
of-way known as Ocean Court, an alley that runs south to north parallel to Ocean Drive; and
WHEREAS, the right-of way of Ocean Court located between the Betsy Hotel and the
Carlton Hotel as legally described in Exhibit "A" attached hereto and made a part hereof, was
dedicated by plat to the City as a public right of way; this dedication also includes the air rights
over the Ocean Court right-of-way (the air rights over the Ocean Court right-of-way are referred
to hereinafter as the "Easement Area"), and
WHEREAS, the City's Historic Preservation Board ('HPB'), pursuant to HPB Order and
Supplemental Order No. 7414 approved the installation by the Betsy Ross of an elevated
pedestrian bridge, which varies in length from 20 feet 10-718 inches to 20 feet 11-114 inches,
has a structural width of 8 feet 4-314 inches with a decorative cover that has a width of 30 feet 9-
3/8 inches, and located a minimum of 19 feet above the surface of the Ocean Court right of way
(that is, within the Easement Area), for the purpose of connecting the third floor levels of the
Betsy Hotel and Carlton Hotel (the "Pedestrian Bridge"); and
WHEREAS, the Pedestrian Bridge is intended not to impede vehicular access through
Ocean Court, up to the height of 19 feet above the surface of Ocean Court; and
WHEREAS, the City desires to grant an easement to Grantee for the sole purpose of
ingress, egress, transport, installation, maintenance, and repair across, over and through the
Easement Area, as may be required by Betsy Ross in connection with its operation and use of
the proposed Pedestrian Bridge; and
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WHEREAS, under the air rights easement, the Betsy Ross shall bear any and all costs
of installation, maintenance, utilities, replacements, repairs, taxes, insurance and any and all
other costs and expenses, including any necessary relocation or undergrounding of existing
utilities in conflict with the Pedestrian Bridge, involved in its installation, operation and use of the
Pedestrian Bridge (the "Operating Costs"); and
WHEREAS, pursuant to Sections 82-37, the sale or transfer of City property, including
any interest in City property, as with an air rights easement, is to be referred by the City
Manager to the Finance and Citywide Projects Committee; and
WHEREAS, pursuant to Section 82-38, of the City Code, the Planning Department is to
prepare a written planning analysis, to be submitted to the City Commission concurrent with its
consideration of the proposed conveyance; and
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process and an independent appraisal, these
requirements may be waived by 5l7th vote; and
WHEREAS, the City has obtained an updated appraisal for the air rights easement area;
and
WHEREAS, the City Administration recommends that the Mayor and City Commission
waive the competitive bidding requirement, as permitted pursuant to 82-39(b) finding that the
public interest is served by waiving such condition, as the Betsy Ross is the only entity
interested in and could use the air rights easement between the Betsy Hotel and the Carlton
Hotel; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to Section 82-37(a)(2) of the City
Code, setting a public hearing to consider approving, on second reading, the transfer, via an
air rights easement agreement, to Betsy Ross Owner, LLC, the property identified in Exhibit
"A," for the construction of bridge over the Ocean Court alley between the Carlton and the
Betsy Hotels; containing approximately 181.66 square feet in total area; further waiving, by
5/7ths vote, the competitive bidding requirements of Section 82-39(b) of the City Code, finding
that the public interest would be served by waiving such condition; directing the item be sent
to the next finance and citywide projects committee meeting with a copy of the updated
appraisal; and directing the city's planning department to prepare a planning analysis
pursuant to Section 82-38 of the City Code.
PASSED and ADOPTED this _day of September, 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Glerk
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUnorrt
t'r5- t,
Uulu
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