HomeMy WebLinkAbout2006-26106 Reso RESOLUTION NO. 2006-26106
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA , APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK. TO EXECUTE A HISTORIC PRESERVATION EASEMENT
(EASEMENT) TO THE FLORIDA TRUST FOR HISTORIC PRESERVATION
(FLORIDA TRUST), PERTAINING TO THE COLONY THEATER PROJECT
(COLONY), IN ACCORDANCE WITH SPECIAL CONDITION #21 OF THE GRANT
AGREEMENT BETWEEN THE CITY AND THE UNITED STATES DEPARTMENT
OF THE INTERIOR, NATIONAL PARK SERVICE, DATED APRIL 6, 2001;
THEREBY ENABLING THE CITY TO DRAW DOWN THE REMAINING FUNDS
FROM THE SAVE AMERICA'S TREASURES GRANT, THAT ARE BEING
WITHHELD BY THE NATIONAL PARK SERVICE PENDING FULL EXECUTION
OF THE EASEMENT BY THE CITY AND THE FLORIDA TRUST.
WHEREAS, the City owns the Colony Theater, located at 1040 Lincoln Road (Colony); and
WHEREAS, since 2001, the Colony has been undergoing an extensive expansion and renovation
program, funded in part by the Miami Beach Redevelopment Agency and in part by various local, state
and federal grant sources; and
WHEREAS, on April 6, 2001, the City entered into a Grant Agreement with the United States
Department of the Interior, National Park Service, obligating $835,000 from the Save America's
Treasures Grant Program towards the renovation of the Colony (the Grant); and
WHEREAS, among the terms and conditions for accepting this Grant, is a requirement for the
City to grant a preservation easement to the State Historic Preservation Officer, or to a nonprofit
preservation organization acceptable to the National Park Service, for the purpose of ensuring that the
architectural, historic and cultural features of the Colony will be preserved and maintained and to prevent
any use or change of the Colony that will significantly impair or destroy its preservation value; and
WHEREAS, since the State of Florida's Historic Preservation Officer no longer participates as a
party to such easement agreements, the City has negotiated and drafted the attached Historic Preservation
Easement (the Easement) with the Florida Trust for Historic Preservation, which in mm has been
endorsed by the National Park Service; and
WHEREAS, the Easement generally provides for the City to covenant and the Florida Trust to
ensure, through periodic monitoring, the following:
- the Colony shall not be demolished, removed or razed;
- nothing shall be erected or allowed to grow on the property, which would impair the visibility of
the building from street level;
- the Colony shall not be conveyed except as a unit, but this shall in no way preclude or prohibit the
City from entering into leases, sub-leases, license agreements, concession agreements, and
performance agreements for all or a portion of the property;
- no above-ground utility lines, except those reasonably necessary for the building may be
established on the property, subject to utility easements already recorded;
- certain architecturally and historically significant interior and exterior features, (to be specifically
identified as part of a base-line study to be performed by the Florida Trust), shall not be
removed, demolished or altered; and
without the express approval of the Florida Trust, the City may not alter or modify the exterior of
the building, change the floor plan or erect any external signs or advertisement on the property;
and
WHEREAS, disbursement of the remaining funds from the Save America's Treasures Grant
are being withheld by the National Park Service pending full execution of the Easement by the City and
the Florida Trust.
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 grant thc attached Historic Preservation Easement to thc Florida Trust for Historic
Preservation pertaining to thc Colony Theater Project,' in accordance with Special Condition #21 of thc
Grant Agreement between thc City and thc United States Department of thc Interior, National Parks
Service, dated April 6, 2001; and authorize thc Mayor and City Clerk to execute and record thc Easement,
thereby enabling the City to draw down on the remaining funds from the Save America's Treasures
Grant, that arc being withheld by thc National Park Service, pending full execution of thc Easement by
the City and the Florida Trust.
PASSED and ADOPTED this 8th
day of Februa
V v [,"MAYOR
David Dermer
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Condensed Title:
COMMISSION ITEM SUMMARY
A Resolution granting a Historic Preservation Easement to the Florida Trust for Historic Preservation
pertaining to the Colony Theater Project, in accordance with Special Condition #21 of the Grant
Agreement between the City and the United States Department of the Interior, National Park Service,
dated April 6, 2001.
Key Intended Outcome Supported:
IEnsure well maintained facilities and infrastructure
Issue:
IShall the City grant a Historic Preservation Easement to the Florida Trust pertaining to the Colony
Theater?
Item Summary/Recommendation:
On April 6, 2001, the City entered into a Grant Agreement with the United States Department of the
Interior, National Park Service, obligating $835,000 from the Save America's Treasures Grant Program
towards the renovation of the Colony Theater Project. Among the terms and conditions for accepting this
Grant, is a requirement for the City to grant a "preservation easement" to the State Historic Preservation
Officer, or to a nonprofit preservation organization acceptable to the National Park Service, for the
purpose of ensuring that the architectural, historic and cultural features of the facility will be preserved and
maintained and to prevent any use or change of the facility that will significantly impair or destroy its
preservation value. The required term for such an easement is for fifty years.
Since the State of Florida's Historic Preservation Officer no longer participates as a party to such
easement agreements, the City has negotiated and drafted a preservation easement with the Florida Trust
for Historic Preservation, which in turn has been endorsed by the National Park Service. The Florida Trust
is proposing a one-time fee of $17,000, to cover annual monitoring visits for the full duration of the
Agreement, and an additional $500 to undertake a historic baseline analysis as required by the National
Park Service.
The Administration recommends granting this Preservation Easement to the Florida Trust for Historic
Preservation in order to enable the City to draw down on the remaining funds from the Save America's
Treasures Grant, that are being withheld by the National Park Service pending full execution of the
Easement by the City and the Florida Trust.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
l Kent Bonde
Sign-Offs:
Rede_.~opment
!:~AGEN '~O~tDA~0~::n'sent\Colo~y Easeme~Sum.doc
_]N~si~tal~City Manager
City Manager
MIAMIBEACH
AGENDA ITEM
DATE
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager
February 8, 2006~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A HISTORIC PRESERVATION EASEMENT (EASEMENT) TO THE
FLORIDA TRUST FOR HISTORIC PRESERVATION (FLORIDA TRUST),
PERTAINING TO THE COLONY THEATER PROJECT (COLONY), IN
ACCORDANCE WITH SPECIAL CONDITION #2'1 OF THE GRANT
AGREEMENT BETWEEN THE CITY AND THE UNITED STATES DEPARTMENT
OF THE INTERIOR, NATIONAL PARK SERVICE, DATED APRIL $, 200'1;
THEREBY ENABLING THE CITY TO DRAW DOWN THE REMAINING FUNDS
FROM THE SAVE AMERICA'S TREASURES GRANT, THAT ARE BEING
WITHHELD BY THE NATIONAL PARK SERVICE PENDING FULL EXECUTION
OF THE EASEMENT BY THE CITY AND THE FLORIDA TRUST.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On April 6, 2001, the City entered into a Grant Agreement with the United States Department
of the Interior, National Park Service, obligating $835,000 from the Save America's
Treasures Grant Program towards the renovation of the Colony Theater Project. Among
the terms and conditions for accepting this Grant, is a requirement for the City to grant a
"preservation easement" to the State Historic Preservation Officer, or to a nonprofit
preservation organization acceptable to the National Park Service, for the purpose of
ensuring that the architectural, historic and cultural features of the facility will be preserved
and maintained and to prevent any use or change of the facility that will significantly impair or
destroy its preservation value. The required term for such an easement is for fifty years.
Since the State of Florida's Historic Preservation Officer no longer participates as a party to
such easement agreements, the National Park Service recommended contacting the Florida
Trust for Historic Preservation and Dade Heritage Trust. After evaluating verbal and written
proposals from both organizations, the Administration decided to pursue discussions with
the Florida Trust due to its extensive experience in administering preservation easements
throughout the State as well as a very reasonable fee proposal of. $17,500 to administer an
eaSement involving the Colony Theater. Dade Heritage Trust's proposal called for an initial
up-front fee of $50,000, plus legal and recording fees.
Using a standardized preservation easement document provided by the National Park
Service as a basis for discussions, the City and the Florida Trust have negotiated and
drafted the attached proposed Historic Preservation Easement, which has been endorsed by
the National Park Service. The Easement generally provides for the City to covenant and
the Florida Trust to ensure through periodic monitoring, the following:
- the Colony shall not be demolished, removed or razed;
- nothing shall be erected or allowed to grow on the property, which would impair the
visibility of the building from street level;
- the property shall not be conveyed except as a unit, but this shall in no way
preclude or prohibit the City (Grantor) from entering into leases, sub-leases,
license agreements, concession agreements, and performance agreements for all
or a portion of the property;
- no above-ground utility lines, except those reasonably necessary for the building
may be established on the property, subject to utility easements already recorded;
- certain architecturally and historically significant interior and exterior features, (to
be specifically identified as part of a base-line study to be performed by the Florida
Trust), shall not be removed, demolished or altered; and
- without the express approval of the Florida Trust (Grantee), the Grantor may not
alter or modify the exterior of the building, change the floor plan or erect any
external signs or advertisement on the property.
As indicated earlier, the Florida Trust is proposing a one-time fee of $17,000, to cover
annual monitoring visits for the full duration of the Agreement, and an additional $500 to
undertake a historic baseline analysis as required by the National Park Service.
CONCLUSION
The Administration recommends granting this Preservation Easement to the Florida Trust
for Historic Preservation in order to enable the City to draw down on the remaining funds
from the Save America's Treasures Grant, that are being withheld by the National Park
Service pending full execution of the Easement by the City and the Florida Trust.
JMG/TH/KOB
Attachment
T:~AGENDA~006\Feb0806\consent\Colony Easement Memo.doc