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Home My WebLink AboutR-88-1131J-88- 1100 11 / 8 /88 RESOLUTION NO. A RESOLUTION APPROVING MODIFICATIONS TO THE WATERFRONT CHARTER AMENDMENT (CITY CHARTER, SECTION 3, (MM) (ii) (iii) AND (iV) ) REQUIREMENTS FOR THE RIVERFRONT TOWER PROJECT, 1 SE 5TH STREET, BEING AN UNPLATTED PARCEL LOCATED AT THE MIAMI AVENUE BRIDGE, PROPOSED BY THE CODINA GROUP/BABCOCK COMPANIES; SUCH MODIFICATIONS BEING A 25 FOOT SETBACK FROM THE SEAWALL (50 FEET REQUIRED) AND A 10 FOOT SIDE YARD (37.68 FEET REQUIRED) RECOGNIZING THE PUBLIC BENEFITS PROVIDED; RIVERWALK, COVERED PARKING UP TO AND BEYOND THE FLOOD PLAIN LEVEL AND FUTURE RIVERFRONT RESTAURANT. WHEREAS, in 1979, the voters of the City of Miami enacted the Waterfront Charter Amendment, codified as Section 3 (mm) (ii) (iii) and (iv) of the City Charter, which applied certain land -use restrictions to waterfront property for which the Commission may grant certain modifications in return for public benefits and amenities; and WHEREAS, the applicants, the Codina Group and Babcock Companies, have applied for certain modifications, namely a 25 foot setback from the waterfront; where a 50 foot setback is required, and a 10 foot side yard; where 37.68 feet is required; and WHEREAS, the Commission is persuaded to grant the modifications because of the public benefits provided namely, a riverwalk, covered parking up to and beyond the flood plan level and a future riverfront restaurant; and WHEREAS, the Commission finds it is the best interests of the health, safety and welfare of the citizens of Miami to adopt this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission hereby approves modifications to the Waterfront Charter Amendment (City Charter, Section 3, (mm) (ii) (iii) and (iv) requirements for the Riverfront Tower Project, 1 SE 5th Street, being an unplatted parcel located at the Miami Avenue bridge and SE 5th Street, proposed by the Codina Group/Babcock Companies; such modifications being a 25 foot setback from the seawall (50 feet required) and a 10 foot side yard CITY COMMISSION MEETING OF NOV 17 19od 88-1131 )N No. 0 (37.68 feet required) recognizing the public benefits provided; riverwalk, covered parking up to and beyond the flood plan level and a future riverfront restaurant. PASSED AND ADOPTED this ;jtjLe day of Nnvcmhcr , 1988. ATTEST: PREPARED AND APPROVED BY: Awl�Z,4"Ieli-lgva, RAFAEL SUAREZ-RIV S ASSISTANT CITY ATTORNEY -2- r XAVIER L. Sl APPROVED AS TO FORM AND CORRECTNESS: JO E L. FE NANDEZ C I ATi'ORN Y -- 88-1131 - 4 A CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE of the City Commission SUBJECT A�e�FROM REFERENCES Cesar H. Odio ENCLOSURES City Manager PZ022 NOV r- 8 1988 FILE Waterfront Charter Amendment Modification: Riverfront Tower, 1 SE 5th Street It is respectfully recommended that the City Commission -deu the attached resolution, which would otherwise approve modifications to the Waterfront Charter Amendment for the Riverfront Tower project, 1 SE 5th Street; such modifications being a 25 feet setback from the seawall, where 50 feet is required, and a 10 foot side yard, where 37.68 feet is required, after recognizing the public benefits provided: a riverwalk, covered parking up to and beyond the flood plane level and a future riverfront restaurant. In the alternative, the Planning Department recommends approval of the ollowing modifications: a 2Q foot minimum side yard (37.68 feet required) imp to City standards; accommodation of a vertical stair from the Miami Avenue br o t e ri alk without blocking the "see - through" side yard view; a easement covenant llowing public access to the side yard and the riverwalk n and perpetual maintenance by the applicant and accepting the applicants' previously proposed modifications: a 25 foot setback (50 feet required); a riverwalk to City standards; covered parking up to and beyond the flood plane level and a future riverwalk restaurant. 1. Customarily, requests to relax the Waterfront Charter Amendment have been referred to the Zoning Board (or Planning Advisory Board). The Waterfront _ Charter Amendment, as adopted by the electorate in 1979, and as codified in Section 3(mm) (ii), (iii) and (iv) of the City Charter, made no provision for recommendation by subsidiary boards, prior to a decision by the City Commission. However, in the years subsequent to 1979, it has been the practice of the City Administration to refer any request for modification to the Waterfront Charter Amendment to either a) the Zoning Board or b) in the case of Developments of Regional Impact, the Planning Advisory Board, so that the City Commission could have the benefit of these subsidiary boards' recommendations as the Commission strives toward Page 1 of 2 O 88771111 N 11 Honorable Mayor and Members of the City Commission a land -use decision which weighs the public benefits offered versus the private rights retained. The applicant has requested that he be allowed to avoid these boards. 2. As unplatted property, the property requires replatting in accordance with City regulations; a preliminary plat has_,= been filed -with the Hearing Boards Office. Moreover, examination of the applicants' ownership of unplatted land on the south side of the river, extending easterly of the subject property would allow the Planning Department to make a comprehensive evaluation of Waterfront Charter Amendment requirements pertaining to the entire property owned by the applicant. The site plan review of the applicants' proposal, conducted by the Planning Department, discloses that the applicants' proposal is deficient in three respects: only a 10 foot wide side yard "see -through" was offered in comparison to the 37.68 feet required; the Planning Departments recommends a 20 foot wide corridor as the minimum acceptable modification. Secondly, there is a need for pedestrian access from the Miami Avenue bridge to the.riverwalk without intruding on the 20 foot wide "see -through"; the precise design accommodation is left to the applicant. Finally, there should be a pedestrian access and circulation easement allowing the public to enjoy the River. For comparison, there are the Lincoln Financial Center (AKA Barnett Bank) at 790 Brickell Avenue and the Sheraton at Brickell Point, both of which offered substantial public benefits in return for modification to the Waterfront Charter Amendment. cc: Jorge L. Fernandez (Resolution) City Attorney Law Department Page 2 of 2 8�4-1131 a 41 El t. J Jaf Atarai V R SERGIO RODRIGUEZ = s CESAR H. ODIO Director a .. o 01v Manager N October 24, 1988 Mr. Stephen J. Helfman Fine Jacobson Schwartz Nash Block and England One Centrust Financial Center 100 Southeast 2nd Street Miami, Florida 33131 RE: RIVERFRONT TOWER Dear Mr. Helfman: Per your request of October 12, 1988 to Mr. Olmedillo, Deputy Director, I agree with your reading of the Waterfront Charter Amendment as codified in Section 3 (ii), (iii) and (iv) of the City Charter. The Waterfront Charter Amendment, as adopted by the electorate in 1979, made no provision for recommendation by subsidiary boards, prior to a decision by the City Commission. However, in the years subsequent to 1979, it has been the practice of the City Administration to refer any request for exemptions to the Waterfront Charter Amendment to either a) the Zoning Board or b) in the case of Developments of Regional Impact, the Planning Advisory Board, so that the City Commission could have the benefit of the subsidiary board's recommendations as the Commission strives toward a land -use decision which weighs the public benefits offered versus the private rights retained. In accord with your request, I have requested the Hearing Boards Officer, Building and Zoning Department to place this item in the next available City Commission agenda on planning and zoning items - November 17, 1988. Please be advised that, because of the short time before that agenda package is assembled, this Department's comments to the Commission will be necessarily brief, and will recommend a 90-day deferral because of the following reasons: 1. Since receiving site drawings on October 7, this Department has had nsuf i i ,: ienL ppur,Eun i t, L.) dv i ew cmu: :.Ai - i _y.ic� L relax the Waterfront Charter Amendment. 2. Customarily, requests to relax the Waterfront Charter Amendment have been referred to the Zoning Board (or Planning Advisory Board). The applicant has requested that he be allowed to avoid these boards. Page 1 of 2 $13-1131 PLANNING DEPARTMENT/V5 N.W. 2nd Strett/Miarni, Florida 3312V(305)579.6086 .3 'Aaulinf Addrpa - F.O.lion 330M / Mianw. Florwda 332334M 9 a Mr. Stephen J. Helfman Fine Jacobson Schwartz Nash Block and England October 24, 1988 3. The property requires replatting in accordance with City regulations; the preliminary plat has not been filed with the Hearing Boards Office. If you have any questions or concerns regarding this matter please do not hesitate to contact this office. SinMrely► Sergio/Rodriguez ' Direc r SR/JWM td/88:367 cc: Aurelio Perez-Lugones, Legislative Administrator City Manager's Office Gloria Fox, Chief of Hearing Boards Office Building and Zoning Department Martin Fine Fine, Jacobson et al Armando Codina The Codina Group Al Townsel Babcock Company 9 Fine Jacobson Schwartz Nash Block & England Iemw P. MAN* Aliwt E. Dot Jr. One CenTtwt Financial -Qmter Bwwwr J.oebaw Ohm B. Parker Nwk 1. Aremen Lawr mm X. Enb►. Jr. 100 Southeast Snd $Need B. ,- Leak Nrnwa a I A 1. Peetw CMIar M. Asriwia Brim ask Keck M. Ewariehwd Arthur 1. EngWd, Ir. Miami, FloridaFld3313t_,,a C i , t A. losopher f Mwlort Klein Sta+by B. hies R. Babwe Rader William 1. Buser Terry B. Fdn Telephone (305) 577-4W Ana 1. Kojj Thomas Awfi% U1 Paul Be hmvYs G. 1• Fw%wda-QWrxo s Teleeopier (305) 577-40M Show M. Kwarok And L. SedoW MOM 1. Block Matiin FMu Cable FLORIDALAW Peter A. la . . BwfowAn S. Woo" MNdnil A. Biaombwl Erie B. GMhr► m .. Telex 5227Ze: HwryY,aalnrer Joseph X. SseM Gary S. Brooks low L. Gown Gerry D. L#w% Strout L. S, - Antho" J. CerrMrolo NereU C. Gwtar Paul A. L*m Lynn D. Salesmen Mwtlyn 1. W. Caaena Gemid T. HoJfwmen C~ N. McDowell Iolomb G. St~ ('wry J. Cohen Sophwt J. Help— Chwia E. MV&r 11 Lynn C. WadAVivm Brres Jay Colon Burt S. Hollows McNn 1 • Nark Rickard Jar Wdm Im L CoLww J.drem DoG"O refit LU Sam Ball Horaw Stu l K. 11000ew September 29, i9 8 8 LAW& Pdwa Wtnlaw Jay Pedwa Lh da Am Welk luliaA. S. Wftnsw HAND DELIVERY Mr. Guillermo Olmedillo Deputy Director City of Miami Planning Department 275 N.W. 2nd Street 3rd Floor Miami, F1 33128 Re: Riverfront Tower Dear Guillermo: Our firm represents Riverfront Associates (the "Owner") in connection with the development of a proposed 390 unit apartment building with ancillary retail uses (the "Tower") to he constructed on a 1+ acre tract of land located along the south side of the Miami River to the east and contiguous to South Miami Avenue (the "Property"). A survey of the Property is enclosed. The Charter of the City of Miami (the "Charter") at Section 3 (mm) (ii) provides that: In order to preserve the city's natural scenic beauty, to guarantee open spaces, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth• to the N.W. 5th Street Bridge, which are not set back at least fifty (50') feet from the seawall (where the depth of the lot is less than C:rG I&UAiuicu avv J A.C%$l-, I-11V 6-L1Jdcx 88-"1i31 Ft. Lauderdale Office 750 Southeast 3rd Avenue Ft. Lauderdale, Florida 33316 Telephone (305) 4M-2800 rawapdar (3m) 469-45M Cable FOA TLA W Mr. Guillermo Olmedillo September 29, 1988 Page Two shall be at least twenty-five (25) percent of the lot depth), and which do not have. average side_ yards equal in aggregate to at least twenty-five (25) percent of the water frontage of each lot based on average lot width. The Tower is situated twenty-five (25') feet from the seawall at the Miami River and ten (101) feet from the east Property line. The location of the Tower is shown on the enclosed site plan, section drawing and roof plan. The purpose of this letter is to formally request that. the City Commission permit a modification of the foregoing Charter setback criteria in order to permit the development of the Tower. In support of this request the Commission should consider the following: 1. Riverwalk. The Owner has incorporated an outdoor walkway along the Miami River (the "Riverwalk") which will be openly accessible to the public for the purpose of encouraging the use and enjoyment of the Miami River. The Riverwalk has been designed in rigid compliance with the May 1983 City of Miami Planning Department Bay Walk/River Walk Design Guidelines including but not limited to scored concrete walkways, benches lighting bollards, mercury vapor overhead lighting and uplighting of landscaping. 2. Access Corridor. The Owner has also incorporated a ten foot (10') pedestrian access corridor as a public means of access to the Riverwalk. This corridor will be attractively lit and landscaped and will provide a safe means of entering and leaving the Riverwalk. It will also serve as the only access to S.W. 5th Street from the Riverwalk because the State of Florida, Department of Transportation has recently constructed a concrete barrier under the South Miami Avenue Bridge which prohibits pedestrian movement under that Bridge. 3. Future Riverfront Restaurant. The Owner has also designed the Tower to accommodate a ground level restaurant fronting on the Miami River. Because of the existing undeveloped because of the nature of the area, the restaurant use is reserved for the future when it will be better used by the public. 88-1131 Fine Jacobson Schwartz Nash Block & England 6 I t Mr. Guillermo Olmedillo September 29, 1998 Page Three 4. Covered Parking. In accordance with the Charter, the Owner has also designed the Tower with fully enclosed and covered parking areas up to an beyond the flood plain level,_thus creating a more aesthetically pleasing appearance from the Miami River. In addition to the foregoing benefits provided by the Owner, the granting of the requested modification will permit construction of the Tower and serve as a catalyst to further redevelopment in the area. It will also provide affordable rental housing to residents who desire to live in the downtown area and will promote a better urban environment. The granting of the requested modification will not have any adverse impact on the area and is entirely compatible with the surround uses. We look forward to your favorable review and recommendation of our request and by a copy of this letter to Aurelio Perez-Lugones we are requesting that he schedule this request to be heard by the City Commission on October 13, 1988. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, L;',' ? 6v Stephen J. Helfman SJH:sm encl. wpRL:iLT092888 cc: Aurelio Perez-Lugones/ Hand Delivered Fine Jacobson Schwartz Nash Block & England K7f, � 11 O{ •y. 1 I j @1j+if ~fib P ' o, i X� I 1 4• +'1l!�.''�H!jr■ r U�1j■ grim INN 1�I �T LAM-, E kai ■i i ■: t VIA lolls N�.! u..�.�Aiw.::i:: �ra....r.0.:N.w.w::. IIWluUf' N ....... �'• 49= ■i i� _ �!i ■ i :5- - ■■■■4' 440311 i -- �l 8ALCWIN 3A(; KMAN ♦ A$$OC'ATES PA agCNiTEC'S B A l D W I N -rid S8-11-31 y `\Ael 8 040. .�w r o � i // i OI I O 1 a N • Q • 7R� QQ gO � V u� s e. 5th st a i / BALDWIN SACKMAN + ASSOCIATES PA ARCHITECTS 9 A l D W 1 N N . S fl • R A f. l Sth r. • =An noM via a i ' a `o n11Arr Mona -� A ONiL M Ro#dP ' M6KV ONGN 3M AAQXX4 ^01 OOOOPM G404 ROFID►, MM 3M 80 1100 5 A C K M A N loom M iffffllflfl>•f1C�! �t♦r� ;eft f♦ r�l♦ ��I-P" IIIf1flffft•Ifft��"— — — � 'WNW Building section 1.20 .... .WM ... ■ W A. BALDWIN SACKMAN + ASSOCIATES PA ARCHITECTS 9 A L D W I N ' rlverfrffd anafrrmft a a.@. 51h atrial + south fmwft. aw. -- 5�— AAOMCRM P.W*4 MOM OEM 3M ^AVON M. COCOW GOM RGIDk 33M Jm IN M S A C K M A N 88-1131 - r May 13, 1982 Mr. Dan Paul. Southeast First,Nat'l Bank Bldg. Miami, Florida- 33131 Dear Mr. Paul: Enclosed are copies of letters to Darrey Davis and Bob Traurig concerning the baywalk easements. I cannot provide you with a legal description on the Nasher property -because the plane do not contain -sufficient detail. It would be best to ask the developers to. furnish th4. based upon final design drawings. Please makes== that construction of the Baywalk on the Church property is. included in any agreement with the Nasher propeiFtyy. Sincerely, MJA�A Joyraaeyers. . Planner II ••- Planning Department JAM:dr . ��• t . .r'dY 88--1131J 12 May 12 , 1982 { Robert Traurig. P. 0. Box 012890 Miami, Florida 33101 Dear Bobs The City Attorney's Office has approved the attached GRANT OF EASEMENT as the standard form to be used for all waterfront properties affected by the waterfront setback charter amendment. Pleasm review this easement agreement with each of your clients:: curssatly puraviag development plans on the waterfront. We would. expect such an easement to be granted as a condition of site•.plan approval. The executed document should be properly recorded prior to issuance of any-buildinq permits by the. City. Thank you for your cooperation. sincerely$ /I/IOAWW--� h W. MCMMUS ding Director. Planning Department jWM sJAMs dr- , V ANW4G ODARTM W / VI N.W. ani J"W / MI04 fWM4 M= . MAIUNG AOONS •F•0. I = WIN / Mid, fbrWI U= t May 12, 1982 r Mr. Darrey Davis Steel, Hector a Davis Southeast First Nat'l Bank Bldg. Miami, Florida 3313L Dear Mr. Davis: We are aware that you have discussed with Mr. Terry Percy, Deputy City Attorney, two alternative methods of granting a pedestrian easement for the Baywalk along the Miami Herald property. While we have no problem with including the easement in the replatting documents, we would prefer that the attached GRANT OF EASEMENT be separately executed by the Herald. This document has been approved by the City AtUmney's office as a standard format for all Baywalk easements, it is important to maintain consistency among all properties con - earned. Please note the enclosed Bay/River Walk Design Guidelines. The plans submitted by the Miami Herald do not meet these Guidelines on a limited number of important points. Jack Luft or Joyce Meyers of my staff will discuss these points with the architects at their convenience. Thank you for your cooperation. Sincerely, peD . McManus ing ir Planning Department JNM:JAM:dr cc: Terry Percy Jim Reid Dan Paul 88-11.31 MANNING OVARTMENT / 27S N.W. 2nd Sant / h4Ug i. Florida 331i MAKING AOOU S . P.O. I= 3UM / AAiaw d. Flonda 33133 7 LAW OrrIcts GRerAnC Q, TRAUR19, ASKEW. HOFFMAN, UPOFF, OUENTEL 6 WOLFF, P.A. LINDA ROOSwICR ADLLR STEVE" C.DOLOMAN ALA" M. MITCMCL ' CCIIAR L.ALVAMEZ MATTM CW 1. 60010N AMTMOMV J.CYDOMN[LL.Jw. RUDOL/N P. AMADON MELVIN ". OMECMIERD 1TwON 0. ►CTCRIC" REU11" dW ASKCW MICHAEL GTEVC" ORC[NE ALICRT O. OUEMTCL JAMES L. SACCNUI LARwT J. MO/IMAM JOHN GAMIC SANOT 0. NUNTCR RONALO S. RAVIKOI/ IrLOwENCL T. M0S1i"1 sRICKCLL CONCOURS NORMAN J. 1LNIORD GCTN ►.JOSCIM DAVID L_ ROSS fool /RICRCLL ANCNWC TMONAG R. •LAKE MARTIN PEALS wOGCwT M. wU1EN1TLIN A O. SOK 01=000 MARK O. •LOOM TIMOT"T L. 141111 ►MILI► D. GOODS SRCNT 0. KLEIN CLIIIORO A. 1CMULMAN MARK SCJ11V1MMCR MMM1, II.ORIOA 1i101 001911IT K. GURLINOTO" DOUGLAS M. RMAMCR MARTIN S. 5MAII00 ALICRT D. CAMUANA STEVEN J. KRAVIT= CUDCNC /NT, JIL ALAN w. CMAGC STEVEN S. LAIIOUS MARL.9119 R. 11LVERMAN SM M.COs1 OCXTCR W. LCMTINEN .- WILLIAM I. IMITN _ - M1AwL.001 i.i77-2001 IIC"DA.L.L G. COI/CV ►AUL A. LCSTLR MARK IL DAVIS JLIIRCV A. LEVINE LAURA P. STC►"C"SON MCRGLNT N. SUSKIN 1ROGIIARO gOii i>Zf�OMI ALAN T. DIMOND, V ALiACL L. LLWNS,JM. wOsCRT N. TRAURIG TCLCX SO-3I80111• CMARLCI YL COD11101,31C "ORMAN 11. LIPOI/. DAVID W TML"CN - DART M. !►STEIN SARI 0. LI►SON STANLLT M. WAKS"LAD >w _ GMMN /p11CNNT JLMM A LOWNI T JONAT"AN N. WARNER �w wICNARD G.GAMRSIT ►9000 A.MA ITIN WILLMM A.WCGCR - rs ISK LAWNC"CC 0000V STC"CN MASSET ALANS.GOLD KATNLiLN/LMWIU/RAT M. DAVID, WELLS JULIE&ALWILLIAMSOM _ p - NARVCT A. GOLDMAN !ANON A. M1CNCL ZACNART N. VIOL" �,,,• .:. March 31, 1981 es tV : �.Tw.L'• N Mr.. Richard Whipple two -: Planner -III, f . city of Miami. Planning Department 275 N. W. 2nd•Street Miami, Florida. 33128 Re: Holiday Inn Grant of Basement Dear Mr. Whipple: Enclosed you will find an executed original Grant of Basement- - for a Pedestrian Walkway on the Brickell Holiday Inn, pursuant to our prior discussions and letter notifications. You will also find - a Joinder of the Mortgagee -enclosed and attached thereto. We would appreciate it. if you would record this-. document and return an executed. and_ recorded copy for our files. Your cooperation in this matter would be greatly appreciated... Yours very truly, -� CAB/tr snacc:- Mr. Rufram• Vier _ .. - .. 88-1131 • GRANT OF EASEMENT THIS GRANT OF EASEMENT is made thisav of 1982, hereinafter 'ailed 'rRANT0R", in favor of the CITY OF MIAMI "^_:;";. WHEREAS, the GRANTOR is the fee -simple owner cf t.hat certain real property located in the Citv of :4iami, Dade County, Florida, described in Exhibit "A", attached hererc and made a part hereof, hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has offered =c dedica ze and grant to the CITY a permanent easement for pedestrian access on, _ over and across the portion of the propert.! Tore- s-)ecific V described in Exhibit "B", attached hereto and made a ?art hereof and hereinafter referred to as the "3ay Easem.ert"; a WHEREAS, GRANTOR desires to construct and maintain laad- soaped walkways and other pedestrian oriented amenities '_r, the Bay Easement for the benefit of the citizens and residents of the CITY and general public. NOW, THEREFORE, GRANTOR, for good and valuable cons_de=a- tion, the receipt and sufficiency of which is hereby ac'.cnz;w- ledged, hereby grants the following easements: 1. GRANTOR hereby grants to the CITY, its successors and assigns, a perpetual non-exclusive easement on, aver and across the Bay Easement, more particularly described in Ex- hibit "B", for the use and benefit of the public as a pedes- trian walkway and recreational area. 2. GRANTOR hereby reserves to itself, its successors and assigns, the right, privilege and easement to go on, over and across said Bay Easement and to use portions t,e.eo:: to construct, reconstruct, maintain, repair, aaclace, improve 88-1131 fj a alter, remove, relocate and inspect landscaainc, walkways and appurtenant equipment and accessories reasonably neces- sary for the creation, operatics and maintenance of a land- scaped pedestrian walkway and recreational area on the Bay Easement. 3. GRANTOR hereby covenants and agrees to construct and maintain at GRANTOR'S expense landscaped walkways and recreational areas approved by the City on the 2av Easement in accordance with the City's design guidelines. 4. GRANTOR, its successors and assigns, hereby agrees to indemnify and save harmless the CITY, its successors and assigns, from any and all liability, cost and expense ;includ- ing reasonable attorney's fees) arising in ccnnection with the construction and maintenance of the landsclaped pedestrian and recreational areas by GRANTOR. Nothing state hereinafter shall be construed as an assumption of liability by the GRFINTOR resulting from the public's use of the iandscazed pedestri-an areas. 5. This Grant of Easement shall be recorded in the public records of Dade County, Florida, and is to be construed as a covenant running with the land binding on GRANTOR, its suc- cessors and assigns. EXECUTED as of the of , 1982. Signed, sealed and delivered in the presence of: By: Attest: I, HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of 1982. by: on behalf of .my commission expires: NOTARY PUBLIC, STATE OF FLORIZA. AT LARGE JOINDER The undersigned, Mortgage under that certain mortcage frcm , dated the day of 1982, and recorded in Official Records Book at Page of the Public Records of Dade County, Florida coverinc all or a nortior, of the property described in the foregoing Agreement, does }-:erebv join in and consent to the attached Grant of 'Zaserient Q',_.ted the day of 1982, the tears of wnic,h snail be binding upon the undersigned and its (their) successors in title. IN WITNESS WHEREOF, these presents have been executed this day of , 1982. Siqned, sealed and delivered in the presence of: By: By: STATE OF ) )SS COUNTY OF ) The foregoing Joinder was acknowledged before me this day of 1982, by and as and respectively, of the corpora- tion in whose name she foregoing instrument was acknowledged for the purposes therein expressed. My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA AT T,'RGE SB-1131 / EXHIBIT A LEGAL DESCRIPTION CERTIFICATE: WE HEREBY CERTIFY: That the above Legal Description was prepared under our direction and supervision, that c::e shore -line is based in the Mean High Water Survey dated and it is true and correct to the best oz our know edge and belief, and is subject to easements or dedications or record. Professional Land Surveyor Aek EXHIBIT 3 BAY EASEMENT LEGAL DESCRIPTION CERTIFICATE: WE HEREBY CERTIFY: That the legal Description was nre- .pared under our direction and supervision, that the shore- line is based in the Mean High Water Survey datec and it'is true and correct to the best of our xnowlecica _=r.= belief, and is subject to easements or _edicat4=s c- record. Prefessional Land Surve vor rA Miami River Coordirrz.ing Committee Suite 300. Cin• ti'anonal Bank Building 'S West Flagler Street ffiami, Florida 33130-1780 Telephone (305) 358-4800 17 November 1988 Submitted into the public Chairperson Robert L. Parks record in ==Cclica �rith Co -chairperson Honorable Xavier Suarez item n l / ` J. Scott Benyon City Mayor Matty HiZ�1i Miami City Hall 3500 Pan American Drive City Clerk Members Miami, FL 33133 Governor Bob Martinez Cesar H. Odlo Re: Joint Venture of the Babcock Co. and Riverfront Associates Joaquin Avino Michael T. Moore Dear Mayor Suarez: Huber R. Parsons, Jr. Carol Rlst Last evening Mr. Al Townsel representing the joint venture of the Babcock Co. and Riverfront Associates appeared before the Miami River Joey Teitelbaum Coordinating Committee with the plans of their project to build a 37 story Michael Cassidy apartment building on the Miami River just east of the Miami Avenue bridge Monty Trainer on the south bank of the River. Bijan Nakhjavan After an informative report by Mr. Townsel and other representatives of the joint venture, including its architect and its attorney, the Miami River Executive Director Coordindating Committee is pleased to advise you it heartily endorses this Patricia H. Lodge project as a significant step toward the upgrading of the Miami River. We passed a resolution unanimously supporting the concept and subject to the following conditions dealing with the riverwalk: 1. The riverwalk will be in accordance with all City ordinances and regulations and will be maintained permanently for public access along the Miami River and adjacent to the Miami Avenue bridge to Fifth Street. It will also include the construction and maintenance of a stairway from the riverwalk up to the Miami Avenue bridge in order to provide pedestrian access and utilization of the Riverfront itself. 2. The joint venture, if successful in getting Metro to allow the construction of a 20 foot wide riverwalk under the Miami Avenue bridge, will construct that riverwalk, landscape it, light it and maintain it in accordance with City and County regulations. We believe that from a conceptual standpoint the building is sound and our only concern is that the construction of the parking facility be in such a way that it is not visible directly from the River. We have long expressed our opinion that the River has too many parking lots abutting it. g& - �3/ Honorable Xavier Suarez 17 November 1988 Page Two Obviously, our recommendation is only that and does not take into account whatever objections may be raised by groups who have not appeared before you or the MRCC, such as the U.S. Coast Guard. However, the MRCC is pleased that the progress continues on the River to utilize it in a way it can be both an effective working River and a residential area. We enthusiastically request that the Miami City Commission approve unanimously the riverwalk as presented by this joint venture. RLP/alm Hand Delivered cc: MRCC Committee Mr. Al Townsel ,Ai saectfully e t Pe(r Chairperson, MRCC Submitted into the public record in connect cia v,-ith item - 2. on 11- 7- PC Matty 1`i.ir:: i City Clerk