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Home My WebLink About2005-26058 Reso RESOLUTION NO. 2005-26058 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED COVENANT IN LIEU OF UNITY OF TITLE ON BEHALF OF THE CITY OF MIAMI BEACH AS OWNER, BETWEEN AND AMONG NEW WORLD SYMPHONY, INC. ("NWS"), A FLORIDA NOT -FOR- PROFIT CORPORATION, 420 LINCOLN ROAD ASSOCIATES, INC. ("DEVELOPMENT"), A FLORIDA CORPORATION, AND THE CITY, TO SATISFY PARKING REQUIREMENTS UNDER THE CITY'S LAND DEVELOPMENT REGULATIONS, UNDER SECTIONS 130-36 AND 142-368 OF THE CITY CODE, FOR THE NWS CAMPUS EXPANSION PROJECT, "SOUND SPACE", LOCATED ON CITY LAND DESCRIBED IN THE COVENANT, BY ALLOWING 175 REQUIRED PARKING SPACES FOR SOUND SPACE TO BE LOCATED OFF-SITE AT DEVELOPMENT'S PROPERTY AT 1601 AND 1619 DREXEL AVENUE AND 1600 WASHINGTON AVENUE, AND RELATED PROVISIONS, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY OUT THE INTENT HEREOF. WHEREAS, the City of Miami Beach has entered into an agreement with the New World Symphony to provide land for the development of Sound Space, an expansion of the NWS campus on adjacent land on Lincoln Road; and WHEREAS, as designed, Sound Space will need approximately 175 required parking spaces; and WHEREAS, the 420 Lincoln Road Associates, Inc., ("Development") has offered to provide at no cost to either NWS or the City, incorporated into Development's project at 1601 and 1619 Drexel Avenue and 1600 Washington Avenue, the required 175 required parking spaces; and WHEREAS, the City Code in sections130-36 and 142-368 authorizes such proposed off-site provision of required parking spaces, which spaces are not attributable to the permitted floor area of Development's project; and WHEREAS, City Code section 130-36 requires the owners of both properties to enter into a covenant in lieu of unity of title to guarantee that the spaces proffered off-site are in fact provided for the use of the property needing the required parking spaces, which requires the City as owner of the Sound Space property to, through the Mayor and City Clerk, to sign the covenant; and WHEREAS, the City Attorney and City Manager recommend that the City Commission authorize the City's joinder in the covenant for the reasons set forth above. 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 authorize the Mayor and City Clerk to sign a covenant in lieu of unity of title substantially in the form attached as Exhibit "A" hereto, subject to such further modifications as may be desired by the City Manager and City Attorney, and authorizing the City Manager and City Attorney to take such actions as may be necessary to carry out th in nt hereof. PASSED AND ADOPTED THIS 7thdayof Attest: ~r'f~ CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION IJ-~ol Date jI- City Attorney F:\atto\HELG\Resolutions\NWS Covenant in Lieu RESO.doc & -.- EACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission , Murray H. Dubbin, City Attorney I~l.~l~ December 7. 2005 J.JA ~ · . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED COVENANT IN LIEU OF UNITY OF TITLE ON BEHALF OF THE CITY OF MIAMI BEACH AS OWNER, BETWEEN AND AMONG NEW WORLD SYMPHONY, INC. ("NWS"), A FLORIDA NOT-FOR-PROFIT CORPORATION, 420 LINCOLN ROAD ASSOCIATES, INC. ("DEVELOPMENT"), A FLORIDA CORPORATION, AND THE CITY, TO SATISFY PARKING REQUIREMENTS UNDER THE CITY'S LAND DEVELOPMENT REGULATIONS, UNDER SECTIONS 130-36 AND 142-368 OF THE CITY CODE, FOR THE NWS CAMPUS EXPANSION PROJECT, "SOUND SPACE", LOCATED ON CITY LAND DESCRIBED IN THE COVENANT, BY ALLOWING 175 REQUIRED PARKING SPACES FOR SOUND SPACE TO BE LOCATED OFF-SITE AT DEVELOPMENT'S PROPERTY AT 1601 AND 1619 DREXEL AVENUE AND 1600 WASHINGTON AVENUE, AND RELATED PROVISIONS, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY OUT THE INTENT HEREOF. RECOMMENDATION Adopt the Resolution. ANAL YSIS In order to accept the proffer by 420 Lincoln Road Associates, Inc. (referred to as "Development" in the covenant) to provide 175 spaces of required parking for the New World Symphony's ("NWS") Sound Space project at 17th Street and Drexel Avenue (referred to as "NWS Facility" in the covenant), which spaces would be located off-site at the 420 Lincoln Road redevelopment project (the "Parking Property"), a covenant substantially in the form attached needs to be executed and recorded. The covenant is required by City Code section 130-36, which allows required Agenda Item C 7 f/ Date /J.-74S- parking to be provided off-site if certain distance criteria are satisfied, and a covenant providing for "parking unification" is signed by the owners of the properties concerned, is approved by the City Attorney and recorded in the public records. The off-site parking is allowed in the CCC district, which includes the Sound Space property, by City Code section 142-368, which specifically provides: "Off- site parking. Required parking provided for performing arts and cultural facilities in this district, located off-site pursuant to section 130-36, shall not be included in permitted floor area wherever located, including outside of this district. (Ord. No. 2004-3463, 9 1, 11-1 0-04 )" The Administration and City Attorney's Office negotiated certain terms of the covenant, which will require as follows: 1. NWS' outstanding obligation to provide 175 required parking spaces shall be satisfied by the nonexclusive avai~ability of 175 spaces in the Parking Property. 2. NWS' use of the spaces shall be provided according to the following conditions: a. The nonexclusive use of 175 parking spaces after 6:00 p.m. on weekdays and weekends on the Parking Property, which spaces shall not have been previously designated nor will they be subsequently designated as required parking for any other use for zoning purposes, except through approval by the City of an under-utilized parking analysis pursuant to Section 130-192 of the City Code or, unless this declaration is modified or released. b. Development shall have the right at its discretion to the use of the 175 parking spaces before 6:00 p.m. on weekdays and all day on weekends, except during NWS events, pursuant to the underutilized parking analysis provisions of Section 130-192 of the Code. c. The 175 parking spaces will be offered at market rate not to exceed those rates that may be charged at 1691 Michigan Avenue or 1601 Washington Avenue. d. Subject to reasonable rules and regulations established by Development, any number of the 175 parking spaces not utilized by NWS or Development shall be offered to the general public on a non-exclusive and first come first serve basis after 6:00 p.m. on weekdays. Development will cooperate with the City to provide and pay for appropriate signage at the NWS Facility and Parking Property to identify the additional parking spaces at the Parking Property. e. In the event that NWS is delayed or fails to build its facility, the 175 parking spaces shall continue to be designated for the NWS use until such time as the City determines that the spaces shall no longer be needed for the NWS Facility, at which time they shall be released from the terms and conditions of this Declaration and shall be released to Development for use by the general public. The City Manager or his successor, shall process without undue delay and execute a written instrument effectuating and acknowledging such release. Based on the foregoing, the City Attorney recommends the City adopt the resolution authorizing the Mayor and City Clerk to execute the attached covenant in lieu of unity of title on behalf of the City of Miami Beach as owner of the property on which the Sound Space project will be built, substantially in the form attached subject to such further modifications as may be desired by the City Manager and City Attorney, and authorizing the City Manager and City Attorney to take such actions as may be necessary to carry out the intent hereof. MHD/GMH F:\atto\HELG\Forms covenants\Covenants\NWS 420 Lincoln Rd Commission memo 12072005.doc