HomeMy WebLinkAboutM-88-1052CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM,
Cesar H. Odio
City Manager
DATE: G CT 2 4 1988 fr'LE`
SUBJECT Resolution Authorizing the
City Manager to Release
Previous Funds Provided by
REFERENCES: the Miami Herald for a
Landscaping and
ENCLOSURES Beautification Project
It is respectfully recommended that the City Commission adopt the attached
resolution authorizing the City Manager to release funds up to $81,000,
provided by the Miami Herald in conjunction with the Grant of Easements and
Restrictive Covenants dated September 9, 1982, for the landscaping and
beautification of I-395 off -ramps at N.E. 12th Street and Biscayne Boulevard,
to the Department of Off -Street Parking.
The Planning Department, along with the Public Works Department and the
Department of Off -Street Parking, have been working with representatives of
"Keep Dade Beautiful" and the Greater Miami Chamber of Commerce to implement
the beautification of the I-395 off -ramps.
The City Commission, on September 9, 1982, passed Resolution No. 82-779
accepting a Grant of Easement and Restrictive Covenants dated January 28, 1983
(attached) by which in part the Miami Herald proffered to the City the sum of
$100,000 to be applied toward the cost of constructing a public connecting
walkway between the Miami Herald Baywalk and Bicentennial Park. The total
balance in the City's Capital Projects Fund Account as of December 31, 1987,
is $117,861.54, which includes the accrued interest.
The City Commission, on March 31, 1987, adopted Motion No. 87-297, referring
to the City Manager's requests from representatives of "Keep Dade Beautiful"
and the Greater Miami Chamber of Commerce for the planting and sodding of two
I-395 ramps at N.E. 12th Street and Biscayne Boulevard to be ready for the
opening of Bayside. The $50,000 originally pledged from the Off -Street Parking
Department is no longer available for this project. The $81,000 mentioned
above is available, and has been identified as the sole source of the City's
contribution for the implementation of the project.
Page 1 of 2 Kc: -_/_/ & AJ
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Nonoreble Mayor and Members `
of the City CommissiOn fi °
A letter has been sent to+Pichard`Cepen,, Jr., Publisher of the Miami Herald,
relative to the City Administrations intent to release the funds for the
implementation of the project. The Miami Herald is in concurrence with the
City's intent.
The Department of Off -Street Parking has agreed to conduct the required
landscaping work (planting and sodding) of the two 1-395 ramps, according to
their standard operating procedures for such a project. The Department of
Off -Street Parking has prepared a preliminary budget which totals $81,000 (see
attachments).
urf
rtsAR H. 0010
city WhAger
feitirli7♦)'., 16, 1988 -
Per. Richard G. Capen, Jr.,
Chairman and Publisher
The Miami Herald
1 herald Plaza
Miami, FL 331.3'/.-1693
near Mr. Capen:
The purpose of this letter is to inform you that the item regarding the
landscaping and beautification of the I-395 off -ramps at N. E. 12th Street
and Riscayne Boulevard, to be provided from previous funds collected from the
Miami Herald, will not be discussed at the February 180 1988, City Commission
meeting. This item will be rescheduled for another City Commission meeting;
you will be informed as soon as another date has been chosen.
Please note that in my previous letter of January 21, 1988, the proposed
location was described erroneously; the correct location is N. E. 12tn Street
..it Biscayne Boulevard.
Per the advice of the LAw Department, I would like to ask if you agree with
the proposal, that ycu return a signed statement of approval to me.
If you have any questions, please feel free to call me at 579-5040.
Sincerely,
,star il. 1! r.
(A ty Manager
f)Ftlt'.E OF TNF l:ITY N1'►NAC' R/P c0 "t" 3rg7110/Mi�mt, i1016da IMJ90708/0031370.604) 2
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I°98 FF9 19 "' %
e1ht Miami HeraLb
A KNIGHT•RiDDER NEWSPAPER
THE MIAMI HERALD PUBLISHING CO. • 1 HERALD PLAZA. MIAMI. FLORIDA 33132-1693 0 JAREA CODE 305) 350.2111
RICHARD G. CAPEN. JR.
Cimirmq /a% PrMijk"
o 3011 i 7G- 1111
February 16, 1988
Mr. Cesar H. Odio
City Manager
City of Miami
P.O. Box 330708
Miami FL 33233
Dear Cesar:
Thank you for your January 21st letter informing me how the City of
Miami will use the $100,000 we contributed in response to Resolu-
tion #82-779 regarding a public connecting Walkway between The
Miami Herald Baywalk and Bicentennial Park.
We certainly have no objection to the City's use of the money for
the beautification of the I-395 off -ramps at Northwest 12th Street
and Biscayne Boulevard. I would note that according to the Grant
of Easement and Restrictive Covenants, the $100,000 and accrued
interest was to be "utilized by the City for creating or improving
pedestrian access, park or recreation facilities in the general
area." I am assuming that the beautification work will produce a
park -like area near the off -ramps.
Sincerely,
RGC/ c
88-1052
q
o Preparation of preliminary landscaping Gratis - Keep
plan and rendering Dade Beautiful
o Preparation of final irrigation and planting $ 6,000.00*
plan, preparation of bid/specification/
contract documents
o Installation of landscaping materials to $ 75,000.00*
contract specifications
o Review of plans, administration of bid/ Gratis -
contract process, supervision of Department of<
landscaping installation Off -Street
Parking
i
0AANT _ Off' EASE: tNT AND Rr5TRICgAV COVE.JANTS
THIS GRANT executed this 2Z!�'day of January, 1983, by
KNIGHT-RIDDER NEWSPAPERS, INC., a Florida corporation
r (herai after called "Grantor"), is mada to the City of Miami
for the purposes and upon the terms and conditions prescribed
herein.
WITNESSETH:
WHEREAS, The Miami Herald Publishing Company, a
Division of Knight-Ridder Newspapers, Inc., a Florida
corporation, applied to the City of Miami for zoning variances
and for modification of requirements of Section 3(4)(b) of
the City Charter to permit construction of a sixth -floor
addition to the Miami Herald building at One Herald Plaza,
Miami, Florida; and
WHEREAS, the Commission of the City of Miami granted
said application subject to the conditions set out in
Resolution No. 82-460 and Resolution No. 82-461 adopted
May 27, 1982, as modified and clarified by Resolution No. 82-779
adopted September 9, 1982; and
WHEREAS, the Grantor is the fee simple owner and record
title holder of the subject real property described in the plat
of Herald Park recorded in Plat Book 121, at Page 4, of the
Public Records of Dade County, Florida, and the improvements
consisting of the Miami Herald building aforesaid, which is
hereinafter referred to as the "Property"; and
This Instrument Prepared By
Darrey A. Davis
Steel Hector & Davis
Southeast Bank Building
Miami, Florida 33131�—i��;Z
STCC: MCCTOR 6 CAVIS 1-11A641, rLOR10A 6
�t,.-.o..�z-,..,m,�.�rz'?tlr'?.irieF[•'.: E'zri:: 7a,: 'c,;,+r3 s` c "i' ., l .. __ - �a.-.
WHEREAS, the Granter has offered to dedicate and
grant to the City a permanent easement for pedestrian -
accross on, over and acress the portion of the property
more specifically described in Exhibit "A" attached hereto
acid made a part hereof, which is hereinafter referred to as
the "Bay Easement"; and
WHEREAS, the Grantor desires to construct and maintain
landscaped walkway and other pedestrian oriented amenities
in connection with the Bay Easement for the benefit of the
citizens and residents of the City and the general public,
in accordance with the terms and conditions herein
prescribed; and
WHEREAS, the purpose of this instrument is to submit
the subject property to the easement, conditions and
restrictive covenants prescribed herein.
NOW, THEREFORE, the Grantor, for good and valuable
consideration, the receipt and sufficiency of which is
.¢ hereby acknowledged, covenants and agrees as follows:
1. Grant of Bav Easement. The Grantor hereby grants _
to the City of Miami a perpetual non-exclusive easement on,
over and across the Bay Easement and the entrance features
providing access thereto, as particularly described in —
Exhibit "A" attached hereto and as shown on the plat of
Herald Park, for the use and benefit of the public as a
pedestrian walkway and entrance access, subject to the
conditions hereinafter prescribed.
2. Landscapina and Beautification Reouirement. The
Grantor covenants and agrees that the landscaping and
beautification of the subject property described in the plat
of Herald Park and the Bay Easement shall be accomplished in
accordance with the detailed plan heretofore submitted on
behalf of the Grantor and approved by the City, and the
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STCCL MCCTOA & OAVIS, IAIAMI rLOR10A
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Grantor shall expend for such purpose an amount not less
than $300,000.00.
3. Use and Maintenance Reservation. Subject to the
,-provisions of paragraph 2 hereinabove, the Grantor 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 thereof to construct, reconstruct,
maintain, repair, replace, improve, alter, remove, relocate
and inspect landscaping, walkways, improvements and appurtenant
equipment and accessories reasonably necessary for the creation,
operation and maintenance of a landscaped pedestrian walkway
and entrance access on the Say Easement, and to use the subject
property in any reasonable manner not inconsistent with the
provisions of this agreement.
4. Richt to Close Bav Easement to Public Use. The
Grantor shall have the right to close the Bay Easement to
use and access by the public and reserve to exclusive use by
the Grantor all the subject property at such times that the
use thereof is needed for docking and unloading newsprint
from water barges for storage in the Miami Herald building,
but in no event shall said easement be closed from public access more than 4.5
days per month without permission from the City Manager.
5. oblication to Construct and maintain. The Grantor
hereby covenants and agrees to construct and maintain at its
expense landscaped walkway and entrance access on the Bay
Easement in accordance with the City's design guidelines as
shown by the plans heretofore submitted by Grantor and approved
by the City, including the detailed landscaping and beautifi-
cation plan. The Bay Easement construction work shall be
coordinated in time sequence with the construction of the
authorized sixth -floor addition to the Miami Herald building
in accordance with sound construction practices and procedures.
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88-1052
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STCCL HECTOR & DAVIS 04'"1 FLORIOA
6. Certificate of Occutancv. A final certificate of
occupancy for the sixth -floor addition to the Miami Herald
building shall be issued when the Grantor submits to and secures approval
from the City Commission of appropriate proof that the Grantor has
complied with the provisions of this agreement governing
the construction of a landscaped walkway and entrance access
in the Bay Easement in accordance with the approved plans.
7. Indemnification of Citv. The Grantor, its
successors and assigns, hereby agree to indemnify and save
harmless the City, its successors and assigns, from any and
all liability, cost and expense (including reasonable
attorney's fees) arising in connection with the construction
and maintenance of the landscaped pedestrian walkway and
entrance access by Grantor. Nothing herein shall be
construed as an assumption of liability by the Grantor resulting
from the public's use of the landscaped pedestrian areas.
8. Contribution for Connecting Walkway. When a
building permit is issued for construction of the sixth -floor
addition to the Miami Herald building, the Grantor shall pay
to the City the sum of $100,000.00 to be applied toward the
cost of constructing a public connecting walkway bet:seen the
Miami Herald bay walkway and Bicentennial Park. In addition,
if the Grantor elects, in its discretion, to utilize television
i
monitors for security surveillance in connection with the
public walkway on the Miami Herald property, then it shall be
the responsibility of the Grantor to provide and maintain a
similar television monitor for the connector walkway at its
expense. If construction of the connector walkway is not
commenced by the City within three years from the date of
this agreement, said cash contribution of $1001000.00 and any
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STEEL HECTOR 6 DAVIS MIAMI FLORIDA `
accrued interest shall be utilized by the City for creating
or improving pedestrian access, park or recreation facilities
in the general area.
_9_. Parking Peauirempnts. The Grantor covenants and
agrees that it will continue to provide and maintain a
minimum 917 parking spaces in connection with the Miami
Herald building.
10. Aonroval of Plans. This agreement is executed and
delivered with the understanding and upon the condition that
all final plans and specifications necessary for the construc-
tion of the proposed pedestrian walkway in the Bay Easement,
including landscaping, and entrance access, have been
accepted and approved by the City and its Departments as
constituting full compliance with the requirements of
Resolutions Nos. 82-460 and 82-461, as modified and clarified
by Resolution No. 82-779, and that no additional plans or
modifications or additions are required in order for the
IrX Grantor to proceed with this construction work.
_ 11. Citv Commission Review. The performance of the
terms and conditions of this agreement by the Grantor is
subject to review by the City Commission one year from the
date hereof. If the Commission finds that the Grantor has
fully performed all requirements, the City will furnish
Grantor with a recordable certificate so certifying the
Grantor's performance.
12. Recordation. This instrument shall be recorded
in the public records of Dade County, Florida, and it is
to be construed as constituting covenants running with the
r'
land binding on the Grantor and The Miami Herald Publishing
Company, a Division of the Grantor, and their successors
and assigns, and enforceable against the City as to, the
88-1052
STCCL 14CCTOr. S OAVIS MIA040 rLOPIO•
I
matters Constituting tie consideration for the execution
of this agreement.
fH wmnss wHEHEbr, the Crantor has executed this
Cran_t _of Easement and Restrictive Covenants the day and
-
year first above written.
KNIGHT-RIDDER NEWSPAPERS, INC.
By :•i•'n�^ �('�
•JAM�ES K. BATTEN, President
(Corporate Seal)
Attest:
CHARLES E. CLARK, Secretary
STATE OF FLORIDA )
) ss.:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me
this 0194,day of January, 1983, by JAMES K. BATTEN,
President, and CHARLES E. CLARK, Secretary. of Knight-Ridder
Newspapers, Inc., a Florida corporation, on behalf of the
corporation.
)� �aj��.
N tart' Mic
i .
My Commission expires;
I.1 .%(Notanr Seal) NOT::*Y P 1 - STATE . :.
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88-1052
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WG[ht GENES. PLS.
84IEL L. MOM P.LS,
SURVEYORS • ENGINEERS 0 PLANNERS
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t (JUM. (1 \I11 I.S. 1 044-II)C 1311;
DESCRIPTION: OF BAY WALK
HERALD PARK
CMARI f S U AI,AIIAM P E (19J7 1967-
MERPCRT L GOPUAN P E
JUAN E. PLANAS 0 E
That portion of Lot 20, Block 2, APMiMED PLAT OF LOTS 4 TO 6 INCLUSIVE BLOCIt 1 AND
LOTS 4 TO 20 INCLUSIVE BIOCK 2 OF RESUBDIVISION OF LOTS 25,26 & 70 I-MZC2) VILIA
SUBDIVISION AND LOTS 1 do 2 BLOCX 1, CARDEN OF EDEVI SUBDIVISICN, according to the
Plat thereof, recorded in Plat Book 30 at Page 20 of the Public Records of Dade County,
Florida; and a portion of those unplatted lands in the West of Section 31, Township
53 South, Range 40 East; and a portion of Lots 1 through 6, BAY SERENA, according to
the Plat thereof, recorded in Plat Book 7 at Page 135 of the Public Records of Dade
Count„ Florida; and a portion of Lots S-3. W-9, W-10, W-11, W-12 and F-4 THE
CUSEWAY FILL, according to the Plat thereof, recorded in Plat Book 5 at Page 120,
of the Public Records of Dade County, Floridat containing 26,632 square feet, more
or less, lying and being in the City of Miami, Dade County, Florida, described as
follows:
EECIN at the intersection of the North line of said Lot 20, Block 2, same being
the South right of way line of Northeast 15th Street (Venetian Causeway) with the
DADE COUNTY BUUHF.AD IXVE, according to the Plat thereof, recorded in Plat Book 74
at Page 18 of the Public Records of Dade County, Florida; thence run S.88045,25"W,
along the North line of said Lot 20, Block 2, for a distance of 73.20 feet, to a
point; thence run SOUTH, for a distance of 15 feet, to a point; thence run EAST,
for a distance of 15 feet, to a point; thence run SOUTH, for a distance of 15 feet,
to a point; thence run EAST, for a distance of 15 feet, to a point; thence run
SOUTH, for a distance of 15 feet, to a point; thence run EAST, for a distance of
7.33 feet, to a point; thence run SOUTH, for a distance of 496.45 feet, to a point;
thence run WEST, for a distance of 39.33 feet, to a point; thence run SOUTH, for
a distance of 240.97 feet, to a point on the Northerly right of way line of the
EAST -'BEST EXPRES$-JAY (I-395) STATE ROAD 2,o. 836, according to the Plat thereof,
—,recorded in Plat Book 83, at Page 70 of the Public Records of Dade County, Florida,
and ie the STATE ROAD RIMIT OF WAY N.AP SECTION 57200 (250I)240; thence run
N. 83 28101"E., along the Northerly right of way line of said EAST - WEST EXFRESSVAY,
for a distance of 45.46 feet, to a point on said DADE COUNTY BULICHEAD LINE; thence
run N.2 12125"E., along said DADE COUb'TY BULKHEAD LINE, for a distance of 779.41 feet,
to the POI1'T OF BEGINNING.
WE HEREBY CERTIFY: That this DESCRIPTION OF BAY WALK, HERALD PARK is true and
correct, to the best of our knowldege and belief, as prepared under our direction,
on this lst day of October, 1982.
DENF..S.6c' Eh'ES &�ASSOC.. INC.
Gabriel- L. Denes. PIS 1908
State of Florida
EXHIBIT "A"
88-105�11
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