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95-21510 RESO RESOLUTION NO. 95-21510 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE LINCOLN ROAD STREET END AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CRESCENT HEIGHTS XXX, INC., AND DIUDO BEACH HOTEL CORPORATION. WHEREAS, pursuant to Resolution No. 93-20801, the City and Crescent Heights XXX, Inc., and the DIUdo Beach Hotel Corporation (collectively referred to as Owner) executed the Uncoln Road Street End Agreement (the Agreement) on March 14, 1994, for the purpose of creating a public access to the beach on the East End of Uncoln Road; and WHEREAS, pursuant to the continued fulfillment of all of the parties' respective obligations under the Agreement, the City and Owner have agreed that certain modifications thereto are necessary; and WHEREAS, accordingly, the City and Owner have negotiated the attached First Amendment to the Agreement. NOW, THEREFORE BE IT 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 First Amendment to the Uncoln Road Street End Agreement between the City of Miami Beach and Crescent Heights XXX, Inc., and the DIUdo Beach Hotel Corporation. PASSED and ADOPTED this 1st day of March. 1995. ATTEST: Seymour Gelber, Mayor A:LUBIN.STRETIND.W , ~G~ Richard Brown, City Clerk " CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. 1 9S-q~ Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. ca...^J ,. n / - CityManage;'~ DATE: March I, 1995 TO: SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH THE OWNERS OF CRESCENT HEIGHTS xxx, INC.; THE DILIDO BEACH HOTEL AND THE CITY OF MIAMI BEACH ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached resolution approving the first amendments to the Agreement with the owners of Crescent Heights XXX, Inc. and the DiLido Beach Hotel for the purpose of creating a public access to the Beach on the east end of Lincoln Road. BACKGROUND On March 14, 1993, the City of Miami Beach entered into an Agreement with the owners of Crescent Heights XXX, Inc. and the DiLido Beach Hotel to implement a plan to build a pedestrian bridge from the east end of Lincoln Road to the public beach. The Lincoln Road street end is the only street end on the east side of Miami Beach where there is no ocean access. - In the approved Agreement the developers agreed to grant a 20 foot wide easement parcel with five foot set back on each side to the City from the present street end of Lincoln Road to the public beach. The purposes of the easement will be for pedestrian and emergency vehicle access, utilities and lighting. Within six months of the signing of the approved Agreement the developers were required to commence their portion of the construction which is the bridge across their property (the easement area). However, the owners have determined to delay development of the retail areas surrounding the easement as approved by the Zoning Board of Adjustment on August 5, 1994. The City is desirous of commencing and culminating the access project which will reflect the first completed block of the Lincoln Road project as the design is nearly complete per the plans recently reviewed by the City Commission and bids could be received as early as May, 1995.. To "fast track" the project the Administration recommends that a wooden bridge be built rather than the concrete bridge which was to be the top of the developers' proposed garage and the path AGENDA ITEM R -{ -C.... DATE 3 -\.::.9 S . . between the retail areas on each side of the easement. It is proposed that the wooden bridge be built by the City which is a reversal in responsibilities from the original project. In the original project the bridge was to be built by the developers and the access by the City. In the amended proposal, the costs of the portions of the project related to the construction are reversed but this does not add to the City costs. The proposed Amendment adds a payment of $40,000 to be made by the contiguous owners in the event they do not commence their retail construction within two years after the project is approved by the appropriate State Agencies governing coastal construction. The City's up-front cost to build the bridge and access will be approximately $100,000 of which the $40,000 will be refunded if the retail project does not commence within two years of State approvals. Due to the requirement of the Pedestrian Walkway as well as the approved design for retail on the property that is under the auspices of the State, a waiver of certain State regulations is required to accomplish the construction. The City will have our representatives in Tallahassee assist in obtaining the necessary approvals. In accordance with the Amendment, the cost of this representation will be shared equally among the involved parties. The cost is not expected to exceed $3,000 for the City. The Amendment further states that the City will begin construction of the walkway no more than 120 days from receiving approval from the State of Florida. The original date for the City of Miami Beach to begin construction is waived by this amendment. The approvals from the State are anticipated to require three (3) months. The Lincoln Road construction will begin in April with the bridge to follow upon State approval. The Amendments described above are specifically enumerated as follows: Page 5, Section 5 (e): This section is added to have the parties jointly apply to the State of Florida for authority to do construction on State owned property thru the City's representatives in Tallahassee. The fee to be shared equally. Page 5, Section 6 (b): -This section is added to have the owners responsible for the design and construction of the stairs adjacent and connected to the Pedestrian Walkway. These stairs were originally the responsibility of the City. Page 7, Section 10 (b): This section addresses the payment of $20,000 from each owner, Crescent Heights XXX, Inc. and the DiLido Beach Hotel in the event they do not commence the retail construction in the allotted time. Page 7, Section 10 (a): This section is changed to read the City will commence construction within 120 days after receiving approval from the State of Florida. In fact, we wish to commence the Lincoln Road construction sooner. All other terms and conditions of the original contract shall apply. CONCLUSION These Amendments which relate to the Pedestrian Walkway at the East End of Lincoln Road will allow for the construction of the public access, a more definitive schedule, and clearer definition of responsibilities. Further, the Amendments authorize our representatives in Tallahassee to represent the parties involved before the responsible State Agencies. The Amendments were referred by the Mayor and City Commission to the Capital ImprovementlFinance Committee on February 21,1995, and were recommended for approval by the members of that Committee. RMC:JL:pp a:lubin.stretend.com FIRST AMENDMENT TO THE LINCOLN ROAD STREETEND AGREEMENT, THIS FIRST AMENDMENT is made and entered into this '2-I~ day of ~ 1995, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation (hereinafter referred to as the City) and Crescent Heights XXX, Inc., a Florida Corporation, and DiLido Beach Hotel Corporation, a Florida Corporation hereinafter collectively referred to as Owner). WHEREAS, City and Owner are parties to that certain Agreement known as the "Lincoln Road Street End Agreement", as approved by the Mayor and City Commission pursuant to Resolution Number 93-20801 and executed by all parties on March 14, 1994 (the Agreement), said Agreement for the purpose of creating a public access to the beach on the East end of Lincoln Road; and WHEREAS, pursuant to the continued fulfillment of all the parties' respective obligations under the Agreement, the City and Owner have agreed that certain modifications thereto are necessary, and now desire to amend the Agreement. NOW, THEREFORE, in consideration of the promises herein contained, and for good and valuable consideration, the parties hereto agree as follows: 1. Reference to the construction of the concrete deck for the Easement, as referenced in Section 2( d) on p. 2 of the Agreement, is hereby deleted in its entirety. 2. Section 5 (a) on page 4 of the Agreement is hereby amended to read as follows: a. Owner shall execute and deliver to City, the Grant of Permanent Easement, attached hereto as Exhibit "B", and the Restrictive Covenant, attached hereto as Exhibit "C", and City shall accept same, at the same time that City approves a construction contract for the improvements to the Street End and the Easement Parcel, provided such construction contract is entered into after the Easement Parcel is valued pursuant to Section 7 !IfId ",ithin llfte fttmMea t\,eft~ (129) dtt):3 il6m the date; af ,xeeuti61i 6f thi3 ~"\.gr'ement and within one hundred and twenty (120) days of approval from the State of Florida of the contemplated structure(s) to be erected on the Easement Parcel. 3. Section 5 (e) is hereby added to the Agreement to read as follows: e. City and Owner agree that they shall jointly apply to the State of Florida for any and all necessary authority and approvals to do any contemplated construction on State owned property or any property over which the State exercises jurisdiction. Such application shall be made through the City's representatives in Tallahassee, and any and all fees pursuant to such application(s) shall be shared equally by City and Owner. 4. The following first sentence is hereby added to Section 6 on page 5 of the Agreement: The City shall be exclusively responsible for the design and construction of the stairs shown on the plans for Phase 1 attached hereto and by reference made a part hereof. The Owner shall be exclusively responsible for the design and construction of the stairs adjacent to the pedestrian walkway and shown on the plans for Phase 2, a copy of which is also attached hereto and by reference made a part hereof. To the extent that the stairs to be constructed by Owner are on City property, the City shall take all necessary action to permit the construction and continued existence and use of said stairs. 5. Section lOon page 7 of the Agreement is hereby amended to read as follows: Withil'l JO aft) 3 after anMtl ef the e61l~eti6n c6ntraet tlie City 3ftftll efttl3e tile tentraetel 16 e6fillne.nee eeflMnietiall fir the, pI5jeet ia 3t1bJttlnti6l aeeeraanee V;ftB the aPl'fe. ed ean'3tl t1cli5li 1'1ft113. The City shall commence construction of the project within one hundred and twenty (120) days after receipt of the final approval(s) from the State of Florida... . 6. Section 10 (b) is hereby added to the Agreement to read as follows: b. In the event that Owner does not commence construction of its respective retail project within two (2) years following receipt of the last necessary State approval permitting construction of said retail project, and provided further that the City, or any boards or agencies thereof, have given all necessary approvals or extensions thereof to permit construction of said retail project, the City shall give notice of same to the defaulting owner pursuant to the procedure set forth in Section 20 of the Agreement, and the defaulting Owner shall be required to pay the City liquidated 2 damages in the amount of $20,000.00; such sum payable within thirty (30) days from receipt by the defaulting Owner of such notice from the City. In this paragraph, the tern "Owner" shall not refer to the owners jointly, but, rather, individually. 7. This First Amendment shall become effective upon execution by all parties hereto. Except as modified herein, all other terms and conditions contained in the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed their duly authorized officers, all done the day and year first written above. ATTEST: <\GJ,..~ L-~ CITY CLERK -1J.J(~ CRESCENT HEIGHTS XXX, INC., 'R~ By ~ RUSSELL W. GALBUT Vice President and DlLIDO BEACH HOTEL CORP., a Flor' w. av 3 STATE OF FLORIDA) ) SS: COUNTY OF DADE ) I HEREBY CERTIFY the foregoing instrument was acknowledged before me this II,.... day of (V..~U\ , 1995, by RUSSELL W. GALBUT as Vice President of CRESCENT HEIGHTS XXX, INC., a Florida corporation, personally known to ~tD~. who produced as identification an Wh"6 dia:. '" ~~ ~~d not take an oath. ,May ~' ~:~~~~b1/9~ ..r '... '. '.' .....'..~.. '.1...' '. .... ". p. ub\\C Y, BOftJ!!; j f/' ("rNql.~ .' " c : I I' . . .. . if My commission expires: ~\Mf.~1l.~~~l~!J~TARY PUBLIC, STATE OF FLORIDA. '-:"B~V--TYPE/WRITE NAME: \&f)~ Utu..t) ~164-3b2 STATE OF FLORIDA) ) SS: COUNTY OF DADE ) I HEREBY CERTIFY the foregoing instrument was acknowledged before me this ..5?L day of lJ-.I.C\.r~ ,1995, by 'l))h1\. LU. c oO~'i as lJ, ce ~y)<>9, J.e"d- ofDILIDO BEACH HOTEL CORP., a Florida corporation, personally known to me er ",;he l'realieea l\3 !,knti!ieatiea aBEt Y.iie did aT sit! flat take an eat.fl. , My commission expires: OFFICIAL NOTARY SEA MARISOL R GONZALE<NOT NOTARY PUBLIC STATE OF Fl. COMMISSION NO. CC4036 MY COMMISSION EXP. SEPT 17 199R c:\wpwin60\)wpdocs\agreelll.nt.rja\lincrdst.end fORM AP L Date 4