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2004-25561 Reso RESOLUTION NO. 2004-25561 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, APPROVING THE CREATION OF A TEMPORARY (NOT TO EXCEED SIX (6) MONTHS) RESTRICTED RESIDENTIAL PARKING PERMIT ZONE (ZONE 14/BELLE ISLE) ON A PORTION OF THE NORTH AND SOUTH SIDES OF THE VENETIAN CAUSEWAY, BETWEEN ISLAND AVENUE AND CENTURY LANE, TEMPORARILY ESTABLISHING EIGHTEEN (18) ON-STREET PARKING SPACES, CONSISTING OF TWO (2) HANDICAPPED SPACES FOR USE BY THE GENERAL PUBLIC AND SIXTEEN (16) SPACES TO BE USED EXCLUSIVELY AS RESIDENTIAL PARKING FOR THE VISTAS CONDOMINIUMS, LOCATED AT ONE CENTURY LANE, AS A RESULT OF CONSTRUCTION IN SAID CONDOMINIUM'S PARKING GARAGE AND POOL DECK WHICH WILL RENDER THE GARAGE INOPERABLE AND INACCESSIBLE TO RESIDENTS; PROVIDED FURTHER THAT THE APPROVALS GRANTED IN THIS RESOLUTION ARE CONTINGENT UPON AND SUBJECT TO THE CONDITIONS SET FORTH IN THIS RESOLUTION. WHEREAS, the City received a request from homeowners of The Vistas Condominiums, located at One Century Lane, requesting the establishment of on-street parking spaces, and a temporary restricted residential parking zone on the Venetian Causeway, between Century Lane and Island Avenue; and WHEREAS, The Vistas Condominiums' parking garage and pool deck will undergo renovations that will render those facilities, particularly the garage, temporarily inoperative and inaccessible; and WHEREAS, the proposed establishment of the proposed restricted residential parking zone, establishing temporary on-street parking, will provide a temporary parking remedy; and WHEREAS, a publicly noticed workshop was held on April 7, 2004, with residents of the affected areas, and said notices were distributed to residents within 375 feet of the affected areas; and WHEREAS, at the workshop, the Administration, through its Parking Department, recommended the establishment of the proposed temporary restricted residential zone, with the establishment of nine (9) on-street parking spaces on the north side of the Venetian Causeway; and WHEREAS, participants had an opportunity to review, comment, and provide input toward the proposed temporary residential parking zone for the area; and WHEREAS, a majority of the residents in attendance voted to proceed with establishment of the proposed temporary residential parking zone, and further requested that the Administration's recommendation for nine (9) on-street parking spaces on the north side of the Venetian Causeway, be extended to eighteen (18) spaces, consisting of two (2) handicapped spaces and sixteen (16) parking spaces to be used exclusively as residential parking for The Vistas Condominium; with said total spaces to be provided on the north and south side of the Venetian Causeway, between Island Avenue and Century Lane; and WHEREAS, on February 2, 2004, and April 12, 2004, respectively, the Transportation and Parking Committee (TPC) reviewed the Vistas Condominiums' request for establishment of said temporary residential parking zone, with the eighteen (18) on-street parking spaces, and endorsed the establishment of both; and WHEREAS, on May 5, 2004, pursuant to Article II, entitled, "Metered Parking", of the Miami Beach City Code, and Section 106-78, entitled, "Creation of Residential Parking Area", the Mayor and City Commission held a public hearing to consider the creation of the aforestated temporary restricted residential parking zone, on the north side of the Venetian Causeway, between Island Avenue and Century Lane; and WHEREAS, the Mayor and Commission approved the creation of the temporary restricted residential parking zone, and approved the establishment of eighteen (18) temporary parking spaces, consisting of two (2) handicapped spaces for use by the general public, and sixteen (16) parking spaces for the exclusive use of The Vistas Condominium, on the north and south sides of the Venetian Causeway, between Island Avenue and Century Lane, subject to and contingent upon the following conditions: Condition 1. The Vistas Condominiums Homeowners Association agrees to indemnify and hold the City harmless against any and all claims which might arise from its exclusive use of the subject on-street parking spaces; said hold harmless and indemnification shall be in an agreement in a form and manner acceptable to the City Manager and City Attorney. Further, the Vistas Condominium Homeowner's Association shall name the City of Miami Beach as an additional insured with regard to liability insurance coverage regarding its exclusive use for the spaces; Condition 2. The duration of the restricted residential parking zone and use of the on- street spaces is not to exceed six months from the date of adoption of this Resolution; however, if additional time is needed, the Vistas Condominiums Homeowners Association shall make a written request to the City for an extension of time, prior to expiration of the six (6) month term, and such request for extension shall be brought to the Mayor and City Commission at a regularly scheduled meeting, for its consideration; Condition 3. Any and all proposed street improvements (above or below grade) are to proceed without impediment as a result of this action; Condition 4. Notwithstanding the action taken in this Resolution, the Administration retains the right to terminate both the temporary restricted residential parking zone created herein, as well as to terminate The Vistas Condominiums' use of all or a portion of the sixteen (16) on-street parking spaces, as set forth herein, at any time, without cause and for its convenience. In the event the City Administration determines to revoke the temporary parking zone and/or terminate use of all or a portion of the eighteen (18) parking spaces, it shall provide The Vistas Condominiums with prior written courtesy notice of same. 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, approve the creation of a temporary (not to exceed six (6) months) restricted residential parking permit zone (Zone 14/Belle isle) on a portion of the t north and south sides of the Venetian Causeway, between Island Avenue and Century Lane, temporarily establishing eighteen (18) on-street parking spaces, consisting of two (2) handicapped spaces for use by the general public and sixteen (16) spaces to be used exclusively as residential parking for The Vistas Condominiums, located at One Century Lane, as a result of construction in said Condominium's parking garage and pool deck which will render the garage inoperable and inaccessible to residents; provided further that the approvals granted in this Resolution are contingent upon and subject to the conditions set forth in this Resolution. PASSED AND ADOPTED this 5th ,2004. ATTEST: ~ ,9" ~.. CITY CLERK ~ JMG/CMC/SF T:\AGENDA \2004IMay52004Iregularlvistas.res.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~2- ~MVoY ~ UlU CITY OF MIAMI aEACH COMMISSION ITEM SUMMARY m - Condensed Title: A resolution approving the temporary establishment of nine (9) on-street parking spaces and a restricted residential parking program, both not to exceed six months, for the Vistas Condominiums Homeowners on the north side of the Venetian Causeway between Island Avenue and Century Lane. Issue: Should nine (9) temporary on-street parking spaces and a temporary restricted residential parking zone be created for the residents of The Vistas Condominiums? Item Summa IRecommendation: The Vistas Condominiums' pool deck and parking garage will undergo renovations that will render their 87 space garage useless during its renovations displacing residents and visitor parking. On February 25, 2004, the Mayor and Commission approved a resolution establishing a parking emergency due to their ~arking structure's renovations and allowed for the use of the vacant lot, located on the 1200 block of 17' Street (Housing Authority Lot) for the purpose of providing temporary parking for residents. This temporary parking lot will provide 40 to 50 parking spaces and partially alleviate their parking shortfall. The Administration held a publicly noticed workshop on April 7, 2004, with affected residents to receive input and comments regarding the establishment of a temporary residential parking program by temporarily establishing nine (9) on-street parking spaces on the north side of the Venetian Causeway between Island Avenue and Century Lane. At the workshop, a majority of the participants voted to proceed with the establishment of said on-street parking spaces and the temporary restricted residential parking program. Moreover, residents requested that an additional nine (9) spaces be established on the south side of the block for a total of 18 on-street parking spaces. The Administration has recommended nine (9) on-street spaces on the north side of the Venetian Causeway which is closest to the Vistas Condominiums as allowing additional parking spaces on the south side of the Venetian Causeway raises the following safety concerns: (1) encourages mid-block pedestrian crossin and 2 width of the bic cle ath is narrowed. Adviso Board Recommendation: The Transportation and Parking Committee endorsed the recommendation at their regularly scheduled meeting held on Monday, February 2, 2004, and endorsed the establishment of 18 on-street parking spaces (nine on the north side and nine on the south side) on the Venetian Causeway between Island Avenue and Centu Lane. Financial Information: Amount to be expended: D Finance Dept. Source of Funds: T:\AGENDA\2004\APRI L 14\consent\RESIPUBLlCHEARINGVIST ASCONDOS.SUM.doc AGENDA ITEM DATE R7C b-5--~l( CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us ~ COMMISSION MEMORANDUM To: Subject: Mayor David Dermer and Date: May 5, 2004 Members of the City Commission Jorge M. Gonzalez O~ City Manager 0 PUBUC HEARING A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CREATION OF A TEMPORARY RESTRICTED RESIDENTIAL PARKING PERMIT ZONE (ZONE 14/BELLE ISLE) ON THE VENETIAN CAUSEWAY BETWEEN ISLAND AVENUE AND CENTURY LANE; AND TEMPORARILY ESTABLISH NINE (9) ON-STREET PARKING SPACES TO SERVE AS RESIDENTIAL PARKING. ADMINISTRATION RECOMMENDATION From: Adopt the Resolution. ANALYSIS The City of Miami Beach Parking Department received a request from the Vistas' Condominiums HOA (Home Owners Association), located at One Century Lane, requesting the establishment of a temporary restricted residential parking zone for their respective residents. The Vistas' pool deck and parking garage will undergo renovations that will render their 87 space garage useless during its renovations displacing residents and visitor parking. On February 25, 2004, the Mayor and Commission approved a resolution establishing a parking emergency due to their parking structure's renovations and allowed forthe use ofthe vacant lot, located on the 1200 block of 17th Street (Housing Authority Lot) for the purpose of providing temporary parking for residents. This temporary parking lot will provide 40 to 50 parking spaces and partially alleviate their parking shortfall. In furtherance of this relief, the Vistas is requesting to temporarily establish on-street parking on the Venetian Causeway between Century Lane and Island Avenue to provide parking within close proximity of the residences for loading/unloading of passengers and/or goods/services; disabled and/or temporary disabled parking; and visitor parking. This would allow for nine (eight parking spaces and one disabled space) on-street parking spaces on the north side of the Venetian Causeway between Island Avenue and Century Lane. The Venetian Causeway is a Miami-Dade County road and this temporary allowance of on-street parking has been approved by the County. In addition, the Vistas has committed to funding the costs of the improvements as well as the cost of returning the area to its original condition through the use of the residential parking program. This accommodation would be needed for approximately six (6) months; however, should the renovations to their parking garage not be completed within this time frame, the Vistas would need to seek an extension of this accommodation. The six month interval would commence upon completion of the May 5, 2004 Commission Memorandum Vistas Temporary On-street Parking/Residential Program Page 2 of 2 modifications to the roadway. The Administration held a publicly noticed workshop at 6:00 P.M. on Wednesday, April 7, 2004, with residents of the affected areas. A total of seven (7) residents from various addresses on Belle Isle attended the workshop despite extensive notification efforts, including direct mail to all residents within 375 feet of the affected areas. Participants had an opportunity to review, comment, and provide input towards the proposed temporary residential parking program. As a result, a majority of the residents in attendance concurred with the proposed on-street parking plan and residential program as a temporary solution. Moreover, residents requested that an additional nine (9) spaces be established on the south side of the block for a total of 18 on-street parking spaces. The Administration has recommended nine (9) on-street spaces on the north side of the Venetian Causeway which is closest to the Vistas Condominiums as allowing additional parking spaces on the south side of the Venetian Causeway raises the following safety concerns: . Encourages mid-block pedestrian crossing . Width of the bicycle path is narrowed The City's Transportation and Parking Committee endorsed this recommendation at their regularly scheduled meeting held on Monday, February 2, 2004. The issue of temporarily establishing nine (9) on-street parking spaces on the north side of the Venetian Causeway was discussed on Monday, April 12, 2004. The TPC endorsed the request and endorsed maximizing the availability of parking on the block by establishing an additional nine (9) spaces on the south side of the street for a total of 18 on-street parking spaces. Therefore, pursuant to Article II, entitled, "Metered Parking", of the Miami Beach City Code, Chapter 106-78, entitled, "Creation of residential parking area", the Mayor and City Commission must hold a public hearing to consider the establishment of a [temporary] residential parking zone for the Vistas Condominiums Homeowners, located at One Century Lane. CONCLUSION The Administration recommends that the Mayor and Commission approve a resolution to create a temporary residential parking permit zone (Zone 14/Belle Isle) for the Vistas Condominiums' residents and temporarily establish nine (9) on-street parking spaces on the north side of the Venetian Causeway between Island Avenue and Century Lane, as described herein. fK JMG/CMC/SF T:\AGENDA\2004\May504\Regularlvistas.cme.doc 03-24-2004 11 :09AM FROM-TEW CARDENAS REBAK +3055361116 T-588 P 004/006 F-252 Minutes of the meeting of the Belle Isle Condo/Co-op Association 3/17/04 In attendance: Mimi Caro, Chris Carver, Pat DeCredico, Richard Freeman, Ted Goldstein, Keith Hark, Luis Marcelin, Molly Mervis, Libby Strauss, Irv Winston, Barbara and Herb Frank. Absent: Jack Hartley, 16 Island Ave. After introductions of several new representatives the meeting began with an update of activities by Barbara Frank in which she explained the formation of a group called South Beach Residents Association. This group is made up of 7 neighborhood associations. Its mission is: "To preserve and enhance the quality of life for residents in all neighborhoods of South Beach by joining together to ensure that residential interests are effectively represented in city government". Following a through discussion about this new organization it was agreed that the Belle Island Condo Assoc. should become a member of this group with the understanding that it is not to become our main effort although we wish to support its efforts. It was unanimously agreed that we should be registered as an association with Miami Beach City and that we would alter the name of this association to Belle Isle Condo/Co-op Association since 3 Island Ave. is a Co-op not a Condo. The following Mission Statement for the Belle Isle Condo/Co-op Association was approved and it is: "To enhance the quality of life for the residents of Belle Isle. The Association will be concerned with safety, security, traffic control, ease of parking, noise control, park beautification, cleanliness and open spaces for all the residents". Everyone was in favor of the Association being managed by a Board composed of condo/co-op council members of the 8 Condo/Co-ops on Belle Isle or their designated representatives. It was agreed that after the Board determines the action priorities, all residents of the buildings will be notified of the formation of this Association along with a list of planned action. At that point all residents would be entitled to express their opinions, concerns and wishes toward achieving the Association's Mission. Following is a list of the topics that were mentioned to be included in the initial efforts of the Association. The Board members were asked to prioritize this list and forward it to Herb Frank in order to determine a plan to be presented at the next meeting. Please forward this to Herb by 4/10/04. 03-24-2004 11 :09AM FROM-TEW CARDENAS REBAK +3055361116 T-588 P 005/006 F-252 2. Development of an interactive website for the Association communications. Develop a list of topics and needs to discuss with the Mayor of M. B. Parking needs of the community. Traffic control and flow. Drainage of excessive rain fall. Concerns about the activities and noise level at Lido Spa Park usage and reconfiguration. Security and Police activities. Road Conditions. Sidewalk maintancence and Conditions. Traffic and crosswalks on Bridge and 17th Street. New Business: It was agreed to table the discussion about funding the Association until needed. It was suggested that each building look into expanding its own parking. Luis and Chris explained the parking situation of the Vistas and obtained the cooperation from the Board for the period of about 9 months while repafrSare being'made. The next meeting of the Association will be at 7.30 PM on April 20, 2004 in the conference room in 9 Island Avenue. Attachment: Updated contact list 03-24-2004 11:IOAM FROM-TEW CARDENAS REBAK +3055361116 T-588 P 006/006 F-252 BELLE ISLE CONDOMINIUMS/CONTACTS Grand Venetian 10 Venetian Way 3056720124 Carlos Sanchez, Property Manager 305 672 0966 Fax 305 872 0920 Email 9.~ai1l!..lJ..ez@t_~.e.~e~~_!!.,tLeJ Keith Hark, Board President Unit # 2305 3055322961 Emall 11.Jrkke@aol.com Fax None Belle Plaza 20 Island Ave 3055387221 Fax 3055380465 Nestor Blanco, Property Manager Email !!p.l<!~i!.@!!1!!.:beach.net Robert Dattoll, Board President Unit #1009 3055319757 Emall !l!J.;!.tt9'.i@l~_e-beach.nel Fax None Gary Soren Board Member, Representative to Condo Assoc. Office: 305 534 2379 Cell 305 4014905 Email gas51013@aol.com Belle Towers 16 Island Ave 3055385418 Fax 3055341828 Leslie Janowitz, Property Manager Emall belleto)N.~r.s.@lJhll.:~~<l.~Al~t Jack Hartley, Board President Unit # 2D 305 532 6060 Emai! same as above Fax 305534 1828 Costa Bravo 11. Island Ave 3055326397 Fax 3055325759 Gladys F. Large, Property Manager Email cbrava@the-beach.net Richard Freeman, Board President Unit #711 3055385666 Emai! fli~(1qa_nk@?l.tt.!1et Fax None Nine Island 9 Island Ave 305672 1204 Fax 3056738512 Neal Adlor, Property Manager Ext 228 Email !lli1dler@bellsouth.net LIllian (Libby) Strauss, Board President Apt # 1808 3055320908 Ted Goldstein Email T2RG@aol.com Phone # 3055347858 Island Terrace 5 Island Ave 3056725012 Fax 3055342724 Rodrigo BU5chiano. Property Manager Emall IslandS@stls.net Stephen Pholps. Board President Unit #SH 3057426173 Cell 305 5382777 Pat DcCrodico, Board Member Phone 7862765880 Emall Sdecredlco@yahoo.com Terrace Towers 3 Island Avo 3055327721 Fax 3055327601 Stelle Gutierrez, Property Manager Emal! terracetower@tho-boach.net Irv Winston, Board President Unit 81 305 532 8565 Emall None Fax None The Vistas 1 Century Lane 305 534 0260 Fax 305 AlexTukh, Property Manager Email i!!"1!.~.h~!.j:!ilc.com 9549223514 Fax 9549229199 Chris Carver, Board President Unit # 606 3056729277 Emall tC.'!.r!etIYa~eYr.lan-,C()lTl Cell 3057988899 Fax None Luis Marcelln, Seety & Treas. Email hljsmarce)ll1@i:!9Jmail.com Phone 305 593 1183 Fax 3055930252 ~~~ yz f 1 & ~ i & I ! f I I ~ I ~ H did ...0 ~ <> ~ ~ii !u " J Vl -.J o CD ~ ~ ~ l>h I'i I rrrrl'_1 ~ii I ~ ~ ~III~III ~ I I ir~~ ; ggg~5!alii! II1111 t aH-il I-.g ~'I f~ ~ IBBB~efil~S~.f ll&t f IH <I · + i~ 0", n in" 10 )ow ~~i'5 SSi1\ ~~ ~~ -'.. .,~ ~ ~ \*.n i W c:i~ ~ is ~o- ~Il m5...: w)o -zu <<:5 ~o~ "'"' -.1 OW (3~~ o~ . I"' Ou" ~~~ mi "'wZ "'00 u,,'" VI g~g ~M:~ 0 ~~!:: <(0 ~~~ ~ll!~ wl-z I-ii.i~ ~;;j~ :r:Vlo ~~8 1-5u ~~~ g~g; , !!,u!!, I Q:LLC "'::i'" !!''''s Z<D;: "'~ 8::E~ II c<~ 1 w..w ~iE "''''-' II &~~ ffiu..~ I 0-00 ~ a::~< ~~C3 .1 ~ ~~f2 NU", :I: U t:i '" <fJ Z o ~ u g ~ i. '''.. '~<v: "f' <:1~ ,;~" <:;t~ \l ~...\:: >t >;:!~ '" .. \, tt\~ *.n\::>~ ,\,,-.~ V>l^"~ r<:{'^' .&:::>I~ ,., - t,,,,- , .~ '~ ,....t-., . I',", ~,., ',.-.-.}- . ;~~ ,-....!. If ~ ~ Ii \ 0 i.~1 ~ . I i ;;l ill Iii I ' pi 515 o z <: ~ '!l <U ~ ~ M:l~ <.0;: ~z <>-<: 9:,;::: "'<u >-z (/)<U ,.> '" " '" o <>- " <U ,- c CI i o .... II. i c i II. o ~ u ~lll' Cl ..J <( 0: UJ I UJ I f- E o u -0 75 .~ .s::; ;i ;; ;; cn ::;: 16 <t o o N N N ..J 0; a. <( ;,: <( Cl !II 0: ::::J I f- ro ....,.. NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 5, 2004, at 5:01 p.m., to consider the temporary establishment of nine (9) on-street parking spaces and a temporary restricted residential parking program, not to exceed a term of six months, for the Vistas Condominium, located at One Century Lane. The parking program to be established on the Venetian Causeway, between Century Lane and Island Avenue. CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING . Inquiries may be directed to Parking Department (305)673-7505. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to expres!l their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Cente~ Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may b.e continued and under such circumstances additional legal nOtice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach PUflIuant to Section 286.0105. Fla. Stat.. the City hereby advises the public that: ff a person decides to appeal any decision made by-the City Commission with respect to any matter considered at its meeting or its hearing, such pet:son must ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material In accessible format, sign language interpreters, information on access for persons with "disabilities, and/or. any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-7218 (TrY) five days in advance to ini1iate your request. T1Y users may also call 711 (Florida Relay Service). Ad #0256 APR-15-2004 03:45PM FROM-TEW CARDENAS REBAK +3055361116 T-702 P 002/003 F-282 TEW. CARDENAS LLP "'TTOR",eVS AT-LAW wrA),CI . 'fALLA.KA.1SEE . W45HIN'OTON 'DC l~MPd19" Fuente WRrreJ.'S OM.CT llNtl (305) 539-2114 lHIN.L. B<ltYa)tewlaw.com MIAMI CENTER.. 26TH fLOOR 201 S. BISCAYNE BOULEVARD MlMlI, FLORIDA 31131-~336 T 305.536.1112 F 305.53&.1116 WWW.T~Wl.AW.COM April 15, 2004 VIA FACSIMILE & U.s. MAIL Saul Frances Parking Director City of Miami B.::ach 1130 Washington Avenue Slh Floor Miami Beach, FL 33139 (305) 673-7853 Re: The Vistas: Supporr/or Temporary P"rking 0/1 (he Veneria/1 Causeway by Island Terrace (5 island Avenue) Our FileNo' 75712,()iJ2 Dear Saul: The Vistas has obtained the support of Island Terrace (5 Island Avenue) forthe temporary parking along th.: Venetian Causeway. I enc lose a copy of the endorsement for your reference to he included in the Commission packet for this item. Please call if you have any questions, and thank you for your assistance. SEJeL, ~I.a Fuente For the Firm cc: Commissioner Saul Gross (wiencl.. via U.S. Mail) ChristOpher Carver. Esq. (via U.S. !'vfail) Sman Grossman, Esq, ..11)1\.1^ 1M I"IOLJM,\ 1M 1/\ML4()j 773. I T~W (;"'RP~N"'S RfB....K KU.l.OC" l.EHMAN O~MARL'" TAcuE RAYMON/) &0 l.EVINE APR-15-2004 03:45PM FROM-TEW CARDENAS RE8AK +3055361116 lSLAND . TERRACE T-iOZ P 003/003 F-Z8Z CONDOMINIUM ASSOCIATlON.INC. 5 bland Avenue Urlle !sIr Millmllleach, FL 33139 The Vistas 1 Century Lane Miami Beach Florida 33139 Attention: Mr. Chris Carver, President Board of Director April 5, 2004 To Whom It May Concern: We support the opportunity for the residents of the Vistas to be able to temporarily park on 17th Street which is also called Venetian parallel to Island Avenue while their parking facilities are under going repairs. We understand that this parking on the street will be used to accommodate the residents with special needs. Cc: Alex Tukh, Property Manager Luis Marcelline, Treasurer and Secretary, Board of Directors A?~~~-~ ~/~ 03-24~2004 11 :09AM FROM-TEW CARDENAS REBAK +3055361116 T-588 P 003/006 F-252 'U .J.LI\ 1.\1 J.l J,.J' ,'------... -; _It..-"" - _L~:.:~ ,;--, '~l_!. v. :- - _ -::-_~:7 VlENlE1'[AN March 18, 2004 To Whom It May Concern: On behalf of the members of The Grand Venetian Condominium Association, Inc., I am """iting to request tl-~at the City cfMiami B~ach gran~ and appro'vc a.,y reque3ts which might ease parking for our neighbors at The Vistas while their garage is under re- construction. Further, we would be equally supportive of any proposals that might provide additional street-side parking along the Venetian Causeway, on a temporary basis, for [he residents at The Vista;;. Fed free to contact me should you have any questions with regard to this matter. Respectfully, . ,/ .f ~I / "IL' '/.."-- "-..J.L,.- Keith Hark President, The Grand Venetian Condominium Association. Inc. 10 Venecian \'V'ay + Miami Beach, Florida 33139 · 305672.0966 · Fax 305.672.0920 03-2472004 11 :09AM FROM-TEW CARDENAS REBAK +3055361116 T-588 P 002/006 F-252 TEw. CARDENAS LLP March 24, 2004 ~1r5~10 i Wkrrn's ptnc:r ll.'iE: 305.536-8215 i~M.AlL, Sl l!(ii:: l.t:w I <l\V, com )I.llMll CENTE~. 261.tj fLOOR. 201 S. BISCAYNE BOUu::VARD MIAMI, FLORID.o\33L31-H36 T 305.536.1112 " 305.536.1116 WWW.T~WLAW COM AYTORNEY., Al. l.o\W ....iArdl . "1'.\.LL""H.\.S~i.E . 'WA.r.HIN'CTO:-f .DC Conunissioner Saul Gross Office of the Mayor and Conunissioners City of Miami Beach 1 700 Convention Center Drive Miami Beach, FL 33139 Re: The Vistas Condominium Association, Inc. Dear Commissioner Gross: Thank you for speaking wi th me regarding the Vistas' emergency parking situation. We also wanted to be sure that our Belle Isle neighbors are in agreement with the emergency parking plan. To that end, we have reached out to the other associations and we are happy to report that our neighbors support our plan. Please find enclosed correspondence from the Belle Isle Condo/Co-oP Association (made lil' ofthe Grand Venetian, Belle Plaza, Belle Towers, Costa Brava, 9 Island, Island Terrace and the Vistas) approving the emergency parking; on the Venetian Causeway for the Vistas' residents only. Additionally, the Vistas has received an mdependent approval from the Gra.nd Veneti,m. Please let us know whether thesc written approvals satisfy YO\II concerns. I look forward to your response and should you have any questions or conunents, please do nOl hesitate to comact me. SIG:ksh Enclosures cc: Christopher Carver Saul Frances ::ODMA\MHODMA\JI,lIAM1;401717.l TEW CAR.DEN....S REBAK KEl.LOCC LEHMAN DEMARIA TACUE Jl.J\YMO"n &. LEVINf: OFFICE OF THE CITY ATTORNEY <6~ efJ/domi 1JmM F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 June 21, 2004 Bob de la Fuente, Esquire Tew Cardenas Rebak Kellog DeMaria Tague Raymond & Levine, L.L.P. 201 So. Biscayne Blvd. 26th Floor Miami, Florida 33131 Re: City of Miami Beach Resolution No. 2004-25561/Creation of Temporary (not to exceed six (6) months) Restricted Residential Parking Permit Zone (Zone 14/Belle Isle), Temporarily Establishing Use of Eighteen (18) On-Street Parking Spaces for Vistas Condominium, One Century Lane, Miami Beach, Florida Dear Mr. De La Fuente: This letter is transmitted to you as counsel for The Vistas Condominium Association, Inc. As you know, following a duly noticed public hearing, at its regular meeting of May 5th, 2004, the Mayor and City Commission approved Resolution No. 2004-25561 (the Resolution), which approved the creation of a temporary (not to exceed six (6) months) Restricted Residential Parking Permit Zone (Zone 14/Belle Isle) on a portion of the north and south sides of the Venetian Causeway, between Island Avenue and Century Lane, temporarily establishing eighteen (18) on-street parking spaces (the Parking Spaces), which consist of two (2) handicapped parking spaces for the use of the general public on a first come first served basis, and sixteen (16) parking spaces which will serve as residential parking for the exclusive use of The Vistas Condominium, located at One Century Lane, as a result of construction in The Vistas Condominium's parking garage and pool deck. The aforestated Resolution was approved subject to and contingent upon the conditions set forth therein; a copy of the Resolution is attached hereto and incorporated herein as Exhibit "A". This Letter Agreement addresses and memorializes the agreement between the City and The Vistas Condominium Association, Inc. (The Vistas) as to that certain condition in the Resolution, wherein, as a condition to the City Commission's approval of the Resolution, and the creation of the aforestated temporary Restricted Residential Parking Permit Zone, The Vistas agrees to indemnify and hold harmless the City as set forth below. 1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139 The Vistas agrees that it will indemnify, hold and save the City, its officers, agents, contractors and employees whole and harmless and, at the City's option, defend same, from and against all claims, demands, actions, damages, loss, costs, liabilities, expenses and judgments of any nature recovered from or asserted against the City on account of injury or damage to person or property, to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act, omission, negligence, or misconduct on the part of (i) The Vistas, or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees; (ii) residents, agents, servants, employees, contractors, patrons, guests, licensees or invitees of The Vistas Condominium; or (iii) of any other person, entering upon or utilizing the Parking Spaces, to be used by The Vistas, as contemplated by the Resolution. The Vistas further covenants and agrees that in case the City shall be made party to any litigation against The Vistas, or in any litigation commenced by a party against any party other than The Vistas relating to The Vistas' use of the Parking Spaces as contemplated by the Resolution, then The Vistas shall and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon the City by virtue or any such litigation. These terms of indemnification shall be effective unless such damage or injury may result from the sole negligence, gross negligence or willful misconduct of City. This indemnification shall not be effective regarding the two (2) handicapped Parking Spaces that are not for the exclusive use of the Vistas. Further, nothing contained herein shall waive the City's sovereign immunity pursuant to Chapter 768.28, Florida Statutes. Notwithstanding this indemnification, and as a further condition precedent to being permitted to use the Parking Spaces, The Vistas shall, at its sole cost and expense, comply with all of the following insurance requirements of the City: Commercial General Liability Insurance, on an occurrence form, in the amount of two million ($ 2,000,000) Dollars per occurrence for bodily injury, death, property damage, and personal injury. This policy must name the City of Miami Beach as additional insured. It is agreed by the parties that The Vistas shall provide proof of the following insurance coverage to the City prior to its commencement of use of the Parking Spaces, as contemplated by the Resolution. It is understood and agreed that any coverage provided by The Vistas is primary to any insurance or self-insurance program the City has for the Parking Spaces (if any), and The Vistas and its insurance shall have no right of recovery or subrogation against the City. All policies must be issued by companies authorized to do business in the State of Florida and assigned a rating of B+VI or better, per Best's Key Rating Guide, latest edition. Additional insurance coverage, as determined by the City's Risk Manager, may be required pursuant to the indemnity/hold harmless set forth in this Letter Agreement. Additionally, the parties herein, acknowledge and agree that, at any time during the term of this Letter Agreement and of The Vistas use of the Parking Spaces, should The Vistas require the exclusive use of less than the sixteen (16) Parking Spaces provided herein, it shall provide the City, through its Parking Department, with thirty (30) days prior written OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 notice of same, and the parties agree that this Letter Agreement shall be amended, in writing, accordingly. If the aforestated terms and conditions meet with your approval, please have the duly authorized representatives of The Vistas Condominium Association, Inc. acknowledge, execute and attest to same in the spaces provided below. Upon execution by the City, we will forward a fully executed copy to your office for your client's records. This Letter Agreement shall be enforceable in Miami-Dade County, Florida and if legal action is necessary by any party with respect to the enforcement of any and all the terms and conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. vyourn,w\-" Raul J. AgUS First Assistant City Attorney c: Christina Cuervo, Assistant City Manager Saul Frances, Parking Director Robert Parcher, City Clerk I have read this Letter Agreement and, fully understanding same, agree to be bound by the terms and conditions contained herein. The Vistas Condominium Association, Inc. City of Miami Beach By: eJ/'L President C "',t.~""''T .>,.w.... 5. C 4C.\lla"," Print Name By: ~~~ C~rH Jorge M. nzalez City Manager Attest"bAt),{j~ secret1\e G fit'/- 11M 0 Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139