R7U - Approve Southgate Towers Baywalk Easement Agree...

Resolutions - R7 U

R7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN EASEMENT AGREEMENT WITH SOUTHGATE TOWERS, LLC (GRANTOR), OWNER OF THE PROPERTY LOCATED AT 910 WEST AVENUE; SAID EASEMENT GRANTING THE CITY (GRANTEE) A PERPETUAL NON-EXCLUSIVE EASEMENT FOR THE PUBLIC’S USE OF THE ALREADY CONSTRUCTED BAYWALK, LOCATED ALONG THE WEST PORTION OF THE PROPERTY, IN ACCORDANCE WITH DRB FILE NO. 22945; AND APPROVING THE REIMBURSEMENT OF $195,000, SUBJECT TO APPROPRIATION AND APPROVAL PURSUANT TO AN AMENDMENT TO THE FY 2026 CAPITAL BUDGET AT THE NEXT CITY COMMISSION MEETING, FOR THE INSTALLATION OF A GLASS RAILING, SEPARATING THE PUBLIC BAYWALK FROM THE OWNER’S PROPERTY; AND AUTHORIZING THE CITY MANAGER TO FINALIZE THE EASEMENT AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL EASEMENT AGREEMENT. Applicable Area:

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) adopt the Resolution.

BACKGROUND/HISTORY

As part of the development and improvements to the property at 910 West Avenue, the property owner offered, proffered, and agreed to grant an easement for a public baywalk along the upland portion at the rear of the site. On March 5, 2013, the project received Design Review Board (DRB) approval, which included the construction of the Baywalk and a specific stipulation that the property owner would grant an easement and be reimbursed for the cost of installing a glass railing/fence along the baywalk in an amount not to exceed $195,000.

On November 23, 2016, the property owner submitted a request for reimbursement for the installation of the glass railing/fence along the baywalk. After researching the matter with the Planning and Budget Departments, it was concluded that no budget line item was ever created for this particular scope of work / re-imbursement. Additionally, it did not appear that the agreement to fund the scope of work identified in the DRB Order ever made its way to the City Commission for budget action. As such, the Administration has no authority to unilaterally fund the amount in question, as the DRB order alone does not provide a budget allocation or authorization to pay.

On December 14, 2016, the City Commission approved a referral to the Finance and Citywide Projects Committee (now FERC) - Discussion and Potential Funding Options for a Public Baywalk Guardrail Located at 900 West Avenue Southgate Towers (Exhibit A). The referral memorandum included, as an Exhibit, the request for reimbursement from the property owner, as well as the DRB approval, which included the stipulations for the easement agreement, that the public

baywalk would be opened concurrently with the baywalk segments to the south, and that the City would reimburse the cost of the glass railing/fence in an amount no to exceed $195,000.

On January 20, 2017, the Finance and Economic Resiliency Committee (FERC) discussed the item and recommended moving the item to the full Commission with a Capital Budget Amendment.

On April 26, 2017, a Capital Budget Amendment proposed an allocation of $195,000 for the reimbursement to Southgate Towers for the Baywalk glass railing (fence). However, the item was not approved and was dual-referred back to FERC and Neighborhood/Community Affairs Committee. The item was not discussed by either committee.

An upland baywalk has been constructed at 910 West Avenue; however, it has not yet been made publicly accessible by the property owner, awaiting the completion of adjacent baywalk segment to the south. Additionally, as stipulated in the DRB Order, the property owner should be reimbursed for the cost associated with the installation of the glass railing/fence.

ANALYSIS

The City Administration and the property owner have been actively engaged in negotiations regarding the terms of the easement agreement for the public use of the pedestrian baywalk “Southgate Baywalk Improvements.“ At present, the easement agreement (Exhibit B) is undergoing legal review by both the City Attorney’s Office and the legal counsel representing the property owner, to ensure all provisions are appropriately addressed and mutually acceptable.

The property owner has advised the City that with the completion of the baywalk to the north, in lieu of the segment to the south, they are willing to open the Southgate Towers baywalk to public use, provided that the reimbursement for the glass railing/fence, as stipulated in the DRB order, is completed and the easement agreement is executed.

The City Administration recommends authorizing the City Manager to negotiate and execute the easement agreement, in substantial form, and approve the funding to reimburse the cost of the installation of the glass railing/fence.

FISCAL IMPACT STATEMENT

The total cost of the glass railing to be reimbursed is $195,000, subject to a future amendment to the FY 2026 Capital Budget.

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Subject to a future capital budget amendment to the FY 2026 Capital Budget.

CONCLUSION

The Administration recommends that the Mayor and City Commission adopt the Resolution.

Applicable Area

South Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Capital Improvement Projects

Sponsor(s)

Commissioner Laura Dominguez

Co-sponsor(s)

Condensed Title

Approve Reimbursement, Southgate Towers Baywalk Glass Railing Installation. (LD) CIP