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Home My WebLink About2006-26170 Reso RESOLUTION NO. 2006-26170 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 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND BAY LIGHTS DEVELOPMENT, COMPANY FOR RUE GRANVILLE SEAWALL REPLACEMENT, SUBJECT TO FINAL APPROVAL 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. WHEREAS, Bay Lights Development Company ("Developer") is the owner of a parcel of land abutting that certain street in the City of Miami Beach named Rue Granville, including that portion of the street between Bay Drive and Biscayne Bay and the existing seawall (the "Seawall") and much of the submerged bay bottom in Biscayne Bay as has been granted to the City by the State of Florida; and WHEREAS, the Seawall is in a state of disrepair and in need of replacement; and WHEREAS, Developer intends to construct a multi-unit residential condominium apartment building ("Condominium") on the Land; and WHEREAS, it is the desire of, and in the best interest of the Developer, that the Seawall be rebuilt at the earliest possible date to coincide with the development of the Condominium and to compliment the Condominium; and WHEREAS, while it is the responsibility of the City to maintain and or replace the Seawall, the City does not have immediately available funds that will permit the City to replace the Seawall prior to completion of construction of the Condominium; and WHEREAS, the Developer has requested, and the City has agreed, to permit the Developer to replace the Seawall at Developer's sole cost and expense subject to the approval by the City of all plans and specifications and all contracts for the replacement and construction of a new Seawall; and WHEREAS, the Developer and the City have negotiated the attached agreement, including a provision that after construction of the Seawall in a manner and to the extent acceptable to the City, the Developer shall have no special right or interest in or to the Seawall and the City shall, to the extent permitted by the State of Florida, own and control the Seawall; and WHEREAS, the Developer and City have set forth in the agreement their respective rights and obligations and the conditions under which the City will permit the Developer to construct the Seawall; and WHEREAS, the City Commission accepts the Agreement as setting forth the basis for the undertaking of this project, subject to further review and approval by the City Manager and City Attorney, as provided in this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the attached agreement with Bay Lights Development Company, subject to further review and approval by the City Manager and City Attorney, and the City Manager and City Attorney are authorized to take such further actions as may be necessary to accomplish the intent hereof. PASSED and ADOPTED this 11th d MAYOR David Dermer 111.. iEST: . e tVU~ tu~ CITY CLERK Robert Parcher " APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ~ Date T:\AGENDA\2006\apr1106\consent\granville seawall reso.doc 2 COMMISSION ITEM SUMMARY Condensed Title: Agreement between City of Miami Beach, Florida and Bay Lights Development. Company for Rue Granville Seawall Re lacement. Ke Intended Outcome Su orted: Ensure Well-Maintained Infrastructure. Item Summary/Recommendation: Bay Lights Development Company is the owner of a parcel of land abutting a streetend in the City of Miami Beach named Rue Granville. The City property includes the land between Bay Drive and Biscayne Bay and the existing seawall and much of the submerged bay bottom in Biscayne Bay as has been granted to the City by the State of Florida. The seawall at the southern point of Rue Granville is in a state of disrepair and in need of replacement. While it is the responsibility of the City to maintain and or replace the seawall, the City does not have funds budgeted that will permit the replacement of the seawall immediately. The Bay Lights Development Company proposes to construct a multi-unit residential condominium apartment building on the land adjacent to the City's streetend. It is the desire of, and in the best interest of the developer, that the seawall be completed prior to construction of the condominium. As a result, the developer has requested and the City has agreed to permit the developer to replace the seawall at developer's sole cost and expense subject to the approval by the City of all plans and specifications and all contracts for the replacement and construction of a new seawall. The Bay Lights Development Company and the City have negotiated the attached agreement for the replacement and repair of the Rue Granville Seawall. Administration recommends approving the agreement. Advisory Board Recommendation: I Financial Information: Source of Funds: Amount . Account Approved D OSPI Financial Impact Summary: City Clerk's Office Legislative Tracking: I Si n-Ofts: Departmel'ltDirect FHB AssistantCityManager RM lD ...,. MIAMI BEACH AGENDA ITEM DATE C7fJ (1---/1- o(;? ~ MIAMI BEACH City of Miami Beach, 1700 Conve'ntion Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~ ~vt. G~ DATE: April 11, 2006 SUBJECT: 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 AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND BAY LIGHTS DEVELOPMENT COMPANY FOR RUE GRANVILLE SEAWALL REPLACEMENT, SUBJECT TO FINAL APPROVAL 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. Administrative Recommendation Adopt the Resolution. Analvsis Bay Lights Development Company is the owner of a parcel of land abutting the Rue Granville streetend in the City of Miami Beach. The City property includes the land between Bay Drive and Biscayne Bay and the existing seawall and much of the submerged bay bottom in Biscayne Bay as has been granted to the City by the State of Florida. In 2002, a City-wide survey was conducted to determine the condition of 99 seawalls and bulkheads within the City of Miami Beach. All have been prioritized according to condition and location. Seventy-five (75) seawalls are in need of repair. The seawall at the southern point of Rue Granville is in a state of disrepair and in need of replacement. While it is the responsibility of the City to maintain and or replace the seawall, the City does not have funds budgeted that will permit the City to replace the seawall immediately. The Bay Lights Development Company proposes to construct a multi-unit residential condominium apartment building on the land adjacent to the city's streetend. It is the desire of, and in the best interest of the developer, that the seawall be completed prior to construction of the condominium. As a result, the developer has requested and the City has agreed to allow the developer to replace the seawall at the developer's sole cost and expense subject to the approval by the City of all plans and specifications and all contracts for the replacement and construction of a new seawall. The developer and the City have negotiated the attached agreement, including a provision that after construction of the seawall, the developer shall have no special right or interest in or to the seawall and the City shall, to the extent permitted by the State of Florida, own and control the seawall. The developer and City have set forth in the agreement their respective rights and obligations and the conditions under which the City will permit the developer to construct the seawall. JG\RM\FHB\BH\FV~zr J:\AGENDA\2006\apr11 06\consent\granville seawall memo.doc Parks & Recreation Page 1 of 1 MIAMIBE, , Resident Visitor Business Employee PARKS & RECREATION North Beach Parks & Recreational Facilities l I I I I ~North Shor: Open Space Po 1 Terrace MID [)I!,E IP,~~ .~ Ea!:l!Uy_DirectQJY - Addr~~~.~tS,E.h9Jl~~_N1l1!Lb~L!L& Addili9_llaLlnlQJ_flla_th:m Mid~J~ Beac.bY~Ik~ South Beach Parks E'arks_&Rec:r~ali9n-=.Main_E'age http://www .rniarnibeachfl.gov Inewcity 1 depts/rcpa/parks/parks _ north. asp 04/05/2006