HomeMy WebLinkAboutItem #44 - Discussion ItemPZ. 5
Planning Advisory Board
Meeting of December 3, 1986
Public Meeting Items:
Item 3: Pending and Miscellaneous
Workshop: Miami Herald
RESOLUTION PAB 55-86
A RESOLUTION RECOMMENDING THAT THE CITY COMMISSION
FIND THE BEST PUBLIC BENEFIT USE OF THE SHORELINE AREA
OF BISCAYNE BAY, LOCATED BETWEEN MCARTHUR AND VENETIAN
CAUSEWAYS, OTHER THAN THE EXISTING USE
(COMMERCIAL/RESIDENTIAL), THAT WOULD ALLOW FOR THE
BEST FUTURE USE OF THE LAND AS IS PLANNED BY THE
CITY'S PLANNING DEPARTMENT, AND IF NECESSARY, TO
REQUEST ASSISTANCE TO ACHIEVE THE BEST USE AS IT HAS
BEEN DONE BY THE STATE OF FLORIDA IN OTHER PLACES IN
THE STATE.
Following discussion at the Planning Advisory Board public meeting workshop on
December 3, 1986, the resolution was moved by Mr. Armesto-Garcia and seconded
by Mr. Pedraza.
The vote was 5 - 4 for approval
Ayes: Armesto-Garcia, Gomez, Hadley, Pedraza and Spohn
Nays: Lopez, Asmar, Benjamin and Manes
Absent: Simon
7'E.
v
ANtir�( ;. ..�
Planning Advisory Board
iguez, Director
Aaffing Department
November 14, 1986
Workshop: Miami Herald
Property Report
Resolution PAB 33-86
This report responds to Resolution PAB 33-86; October 1, 1986 which was a
unanimous motion for the Planning Department to conduct a study to make better use
of the Miami Herald property.
A. On October' 15., 1986, Mr. McManus, Assistant Director, requested clarification
of the Planning Advisory Board intentions; e.g. should the Planning Department
request funds for two outside appraisals of highest and best use of the
property? Mr. Manes responded that he wanted a preliminary study prepared in-
house by the Planning Department to include:
a. Maps of all property involved.
b. Assessed -value: land and buildings.
c. Possible alternative uses.
According to Mr. Manes, this material should be presented and then the PAS
should decide if the study should go further.
• The Planning Department has prepared the attached map from the Dade
County Tax Assessor's files. The Planning Department will suggest
alternative uses for the property after the Planning Advisory Board has
had the opportunity of reviewing this memorandum and reflecting on the
magnitude of the proposal ($32-50 million) and the practical difficulty
in arranging a feasible means of financing.
B. Also on October 15th, Mr. Armesto-Garcia stated that, based on a conversation
with former City Manager Howard Gary, the Herald had not lived up to City
requirements imposed when the Herald was granted permission to expand its 6th
floor, e.g. that there was no pedestrian overpass over McArthur Causeway as
required by the City.
• The Planning Department finds that, quite to the contrary, the Herald has
fulfilled all conditions. Attached hereto, is Resolution 84-718; June
28, 1984, whereby the City Commission authorized a final Certificate of
Occupancy for the Miami Herald 6th floor Addition in recognition of
satisfaction of all outstanding conditions by the Herald.
C2 2 11,&-+
Page 1 of 2
Planning Advisory Board November 14, 1986
C. Also on October 15th, Mr. Armesto-Garcia described a conversation he had with
City Manager Cesar Odio; that Miami Beach had received a state grant to
acquire waterfront property and that the City Manager had directed one of his
assistants to research the grant and to see if such a state grant would 'be
available to Miami to acquire waterfront property.
s The Planning Department contacted the City Manager's office, who verified
holding the conversation with Mr. Armesto-Garcia in which he.stated that
he would direct the Planning Department to look at the Planning Advisory
Board's request and come up with a review and recommendations.
SR /J ;did/ rj i
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Attachments
Page Z of Z
1 6.
117nn
Lan, 1�
Lan,
T, It
Tot
ui N.E.
co
S.
Land - S 6,927,790
B ldes $18,279,653
Total 07,443
ST
aO
7=7
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ILI
"t N.E.145T. i---'
(n
IM
cr E
W �
LL
N. E. i 3 S T
Land $4, 399, i i
Bldps $ 116,661 C
Total ._54,515,7R1
MIAMI HERALD: ASSESSED VALUE OF PROPERTY
L
DATA FROM DADE COUNTY PROPERTY ASSESSOR
tr 77 a'ANI 9LJR101%
NTER•OFFLCE WEMORANOUM
Howard V. Gary
City Manager
rgi Rodriguez, Director
Pla ing Cepartment
0,000
. _ June 19, 1984 ...r
Resolution: Final "ertificat,
of Occupancy: Miami Herald
Building
City Commission Meeting
of June 28, 1984: ngenta
Item
it is recommended that the Commission request
the City Manager to instruct the Building and
Zoning Division, Eire, Rescue and Inspection
:services Department to issue a final
Certificate of Occupancy for the sixth moor
accition to t e Miami Herald Buildin ,
subject to compliance with all app icab e
City Code and zoning regulations, per the
attached resolution.
!Note: T^is item was continued from the City
Commission meeting of May 24, 1984.)
Recommendation
The Planning Department has reviewed the conditions pertaining to
t,.he Miami Herald addition, inspected the site and finds the
Herald to be in compliance and recommends that the Commission
instruct the Manager to authorize the Building and Zoning
Division, Fire, Rescue and Inspection Services Department, to
process issuance of a final Certificate of Occupancy for the
sixth floor addition, subject to compliance with all applicable
City Code and zoning regulations and further directing that the
City )f M.ismi return to the Miami Herald the performance bond in
the amount of $110,000 that represented 110% of the remaining 33;
of the baywalk and landscaping which is now completed.
Background
The -Miami Herald, by letter of June 14, 1984 (attached), has
requested a final Certificate of Occupancy.
By letter of June 13, 1984 (attached), the Herald had spent
$3730001 (as of June 12, 1984) and projected that $386,911 would
be spent by June 25, 1984, for completion of. landscaping -and
beautification of the park, baywalk and parking lot.
IF
Page 1 of 2
Howard V. Cary June 19, 1984
City Manager
Per City Commission Resolution 32-460 and 82-461; May 27, 1982,
(attached) thl Miami Herald was granted variances and
modifications to the Waterfront :harter Amendment to build a
sixth floor addition of 43,000 square feet to their existing
building located at 1 Herald Plaza. Subsequently, these
resolutions were modified by Resolution 82-799; September 9, 1382
(attached). Motion No. 8j-844 granted a partial Certificate of
Cccupancy to permit use of the west side of a sixth floor
addition to the Miami Herald Building dated September 29, 1983
(attached). All conditions are included in a covenant dated
February 7, 1983. The series of conditions established by these
resolutions required:
-- continuation of a minimum of 917 parking spaces
-- paying $100,000 towards the cost of a pedestrian overpass to
Bicentennial Park; possible :'V monitoring
-- an entrance feature for•Baywalk
-- a minimum expenditure of z,;00,000 for landscaping and
beautification
-- a baywalc public easement abutting t'%e: bayfront and publi:
access thereto with maintenance by the Herald
-- upgrading the north setback area
-- that the Herald be allowed to restrict baywalk public access
for barge unloading operations; and
-- Commission review in one year; the Commission to make a
finding of compliance with the conditions prior to issuance
of a Certificate of Occupancy.
Analysis
in respect to the conditions, the Herald has continued 917
parking spaces and provided a baywalk easement by covenant and
contPibuted 2100,000 toward a pedestrian overpass and spent
$300,000 for landscaping and beautification. All other
conditions have been met.
•SR/JWM/vb
Attachments
Page 2 of 2
N
Is 0
STEEL HECTOR 6 DAvis
sou-MCAST SANK •UILDING
MIAMI. FLOAIOA 33131
•CLtAMOMC 13051 577-2800
.tLCA sI-s75e
06W BEACM Crir,Ct
OAROCYA OAVIS June 14, 1984 :es WCOTM Avcruc
3--s'971•3ass PALM Ot.:n e,CRIOA 33460
Mr. Howard V. Gary.
City Manager, City of Miami
City Hall - Dinner Key
3500 ?an American Drive
Miami, Florida 33133
Re: Miami Herald Building, Request for Final
Certificate of Occupancy, Sixth Floor addition
Dear Mr. Gary:
It is respectfully requester on behalf of '.Knight-
Ridder Newspapers, Inc., that to following :natter be
included on- the agenda for the zoning meeting of the
City Commission on Thursday, June 28, 1984:
Request of Knight-Ridder Newspapers,
Inc., for approval of -City Commission
to issue final certificate of occupancy
for the sixth floor addition to the :Miami
Herald Building.
This request is made pursuant to the following provisions
of the Grant of Easement and Restrictive Covenants runnin;+
from Knight-Ridder Newspapers, Inc. (owner of the Miami
Herald Building) to the City of Miami, dated February 7, 1933:
6. Certificate of occu anc .. 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 Commis-
sion 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.
4 0
STEEL HECTOR 6 DAVIS
Mr. Howard 11. Gary
June 14, 1984
Page Two
Knight-Ridder will be represented at the ;une 23th
meeting to present appropriate proof of compliance with
the requirements o: its agreement with the City.
I will areat.1y appreciate your advising ::e that
...is Natter ::as been included on the agenda of the
„une 29th zoning meeting of the City Commission.
Thank you very much for your courtesy and consi:iera-
tion in this matter.
Respectfully submitted,
r '
GAG/m Garrey A. Davis
CC: Sergio Rodriguez
Aurelio Rodriguez
0
0
I.,,,.,..4,
c:he Miami licralb THE N11 a011 `E%S
A KWGHT RIODER'404SPAPER
Two editorially de0e#40e1"t mewsoaoerf. or,eted. sold and distributed oy
THE MIAMI HERALD PUBLISHING COMPANY
1 ►+£RAL0 PLAZA. MIAMS FLOWOA 33101 • (AREA CODE 305) 350.2111
June 13, 1984
Mr. Joseph McManus
Assistant Director -Planning Department
City_ of Miami
275 T.1 2nd Street
Miami, FL 33128
RE: Herald 6th Floor
Addition
Dear Joe:
Enclised glease Find the pertinent doc--.:.-._ntaticn from
M.R. Harrison Construction Corp. regarding ct:_ expenditures
for landscaping and beautification of the park, balwalk,
and parking lot areas. The final cost figures are as follows:
Projected To Date
1. Construction:
Park/Saywalk $221,897 $215,905
Parking Lot 118,547 110,629
2. Design 43,467 43,467
3. Supervision 3,000 33,000.
TOTAL $386,911 $373,001
In addition, the total number of parking spaces is now
944, compared to 917 at the outset of the project.
Please let us know if you require any additional information.
Sincerely,
Armando Go al
Management Engineering V
MG : ct D •. ,
M JF
H A R H I S 0 N eoR� R� ION
1 0 0 0 N W 5 4 T H S T R E E'
P O S T OF F I C E BOX 5 1 0 2 1
M I A M I, F L O R 1 0 A 3 3 1 5 1
June 14, 1984 TELEPHONE: AREA COOE 305. 757-0621
Kr. Armando Gonzalez
Miami Herald Publishing Company
1 Herald Plaza
Miami, Florida 33131
Re: Landscaping and Beautification
Dear Mr. Gonzalez:
Enclosed is a breakdown of the projected and actual costs through
June 12, 1984. This breakdown includes elements of the parking
lot which are part of the beautification of the bay -walk. Please
note that although some line items are not 100% complete through
June 12, 1984, they will be complete by June 25, 1984.
By our assessment, you have already spent over the S300,000 for
the baywalk and beautification features.
Sincerely,
:4. R. H.aRRISO% CONSTRUCTION CORPORATION
Xaurice R. Harrison, III
President
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J-84-473
5/9/84
RESOLUTION NO, 84--718
A RESOLUTION REQUESTING THE CITY
MANGER TO INSTRUCT THE BUILDING AND
ZONINC, DIVISION OF THE FIRE, RESCUE AND
INSPECTIONS SERVICES DEPARTMENT TO
ISSUE A FINAL CERTIFICATE OF OCCUPANCY
FOR THE SIXTH FLOOR ADDITION TO THE
MIAMI HERALG BUILDING, SUBJECT TO
COMPLIANCE WITH APPLICABLE CITY CODE
AND ZONING REGULATIONS.
WHEREAS, the City Commission on May 271, 1982, adopted
Resolution No. 82-460 granting a variance to permit the con-
struction of a sixth floor addition to the existing Miami Herald
building, subject to the conditions prescribed therein; and
WHEREAS, the City Commission on May 27, 1982, adopted
Resolution No. 82-461 granting modification of the requirements
of Section 3(4)(b) of the Cifty Charter to permit construction of
a sixth floor addition to the existing Miami Herald building,
subject to the same conditions prescribed in Resolution No.
82-460; and
WHEREAS, the City Commission on September 9, 1982, adopted
Resolution No. 82-779 granting modification and clarification of
certain conditions prescribed in Resolution No. 82-460 and
Resolution No. 82-461 governing construction of a sixth floor
addition to the existing Miami Herald building; and
WHEREAS, a Grant of Easement and Restriction Covenant was
voluntarily profferred on February 7, 19d3 from Knight -bidder
Newspapers Inc. (owner of the Miami Herald Building) to the City
of Miami, governing construction of a landscaped walkway and
entrance access in the Bay Easement in accordance with the
approved plans in conjunction with the sixth floor addition to
the existing Miami Herald building; and
WHEREAS, the City Commission on September 29, 1983 through
Motion No. 83-844, authorized and directed the City Manager to
request the Fire,. Rescue and Inspection Services Department to
process issuance of a Partial Certificate of Occupancy for the
CITY CG":�;at►a"i�iN
. ---�r-�--• MEET:: NC.' Ci
I JUN 28 19!40
west part of the sixth floor addition to the Miami Herald
building provided that the Miami Herald provide an irrevocable
letter of credit or performance bond in the amount of $110,000
representing 110% of the remaining 33% of the baywalk and
landscaping to be completed; and
WHEREAS, the Knight-Ridder Newspaper Inc. has met the
required conditions established for the sixth floor addition to
the existing Miami Herald building.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAKI, FLORIDA:
Section 1. That the City Manager be requested to
instruct the Building and Zoning Division of the Fire, Rescue and
Inspection Services Department to issue a final Certificate of
Occupancy for the sixth floor addition to the Miami Herald
building, 1 Herald Plaza, and further provided that the City of
Miami return to the Miami herald the irrevocable letter of credit
or performance bond in the amount of $110#000 that represented
1101 of what was then the remaining 33% of the baywalk and
landscaping which has now been completed.
Section 2. Issuance of the aforementioned final Certifi-
cate of Occupancy shall be subject to compliance with applicable
City of Miami Code and Zoning Regulations.
• PASSED AND ADOPTED this 28th day of June , 1984.
Maurice A. Ferre
MAURI E A. FERRE, MAYOR
ATTEST:
RalVh G. ngie, City C
PREPARED AND APPROVED BY:
-4 C..(y 49. 1-)-- �
VS
E. Maxweistant City Att rney
APPROVED AS TO FORM AND CORRECTNESS:
'- Al%�#
se arcia-Pe rosa
ity Attorney,_
JE,M/wpc/ab/279 2 84-716
T Y rvlIAMl
.J Gr'y32�:nG s Z!3L3G N7c, CLERK
2) 2ND �BL83-�'84RBUDGET. CITY REpohl
s
MEETING CRATE: PLANNING 6 ZONING METG.-----9/29/83 PAGE NO. 2
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MEET WITH MR. ED
LONDON IN CONNECTION WITH HIS PROPOSAL FOR LOW INCOME AND MODERATE HOUSI
FURTHER REQUESTING OF THE MANAGER TO COME BACK TO THE CITY COMMISSION NO
LATER THAN ITS OCTOBER MEETING WITH A FINAL PLAN SO THAT THE COMMISSION
CAN DETERMINE IF THEY WISH TO PROCEED WITH THIS PROPOSED PILOT PROGRAM.
A RESOLUTION AMENDING SECTIONS 1 AND 2 OF RESOLUTION No. 83-633, ADOPTED
JULY 18, 1983, WHICH ALLOCATED COMMUNITY DEVELOPMENT JOBS PROGRAM FUNDS
TO THE BISCAYNE-WYNWOOD CHAMBER OF COMMERCE, BY PROVIDING THAT THE ORIGI-
NAL ALLOCATION OF $275,000 TO BISCAYNE-WYNWOOD CHAMBER OF COMMERCE BE
REDUCED BY $115,000 TO $160,000, AND THAT $160,000 BE ALLOCATED TO THE
PUERTO RICAN OPPORTUNITY CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENTS WITH SAID AGENCIES SUBSTANTIALLY IN ACCORDANCE WITH
THE PROPOSALS SUBMITTED BY SAID AGENCIES.
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REQUEST THE FIRE,
RESCUE AND INSPECTION SERVICES DEPARTMENT TO PROCESS ISSUANC E OF A PARTIAL
CERTIFICATE OF OCCUPANCY FOR THE SIXTH FLOOR ADDITION TO THE MIAMI HERALD
BUILDING PROVIDED THAT THE MIAMI HERALD PROVIDE AN IRREVOCABLE LETTER OF
CREDIT OR PERFOP-%WICE BOND IN THE AMOUNT OF $110,000 REPRESENTING 110%
OF THE REMAINING 33'; OF THE BAYWALK AND LANDSCAPING TO BE COLLETED BY
R-82-460 and R-82-461, PASSED AT A COMMISSION MEETING ON MAY 27, 1982;
AND R-82-799, PASSED AND ADOPTED ON SEPTE`"BER 9, 1982, AND THE CONVENANT
DATED FEBRUARY 7, 1983.
A MOTION TO DEFER CONSIDERATION OF AN APPEAL OF CONDITIONAL USE FILED
BY A CITIZENS' GROUP CONCERNING CONSTRUCTION OF A PROPOSED STATION BY
A.`OCO OIL CO. LOCATED 2301 S.W. 22 STREET IN ORDER THAT THE OBJECTORS
AND REPRESENTATIVES OF AMOCO MAY MEET TO DISCUSS THIS MATTER.
A MOTION TO DEFER CONSIDERATION OF APPOINTMENT OF THE UNEXPIRED TERM: OF
WILLIAM PERRY JR. ON THE CITY OF MIAMI ZONING BOARD.
A MOTION REFERRING TO THE CITY MANAGER A REQUEST REGARDING A PROPOSED
POLICE SUB -STATION DESIGNATED FOR THE N.W. 62 STREET AREA AND DIRECTING
THE CITY MANAGER TO REPORT BACK TO THE CITY COMMISSION WITH A PROPOSED
SOURCE OF FUNDING AND A PROPOSED DATE FOR THE START OF CONSTRUCTION.
A MOTION DIRECTING THE -CITY MANAGER TO REQUEST THE PLANNING DEPARTMENT TO
INSTITUTE A ST."DY FOR POSSIBLE CHANGE OF ZONING OF N.W. 3 STREET TO EITHER
CO:MERCIAL OR MIXED C0.11MiERCIAL-RESIDENTIAL USE.
A MOTION AUTHORIZING THE CONTINUED USE OF CONDITIONAL USE GRANTED BY
R-82-575 TO PERMIT A DRIVE-IN TELLER FACILITY IN CONNECTION WITH CAPITAL
.BANK LOCATED AT 2800 S.W. 8 STREET.
A MOTION TO GRANT CONTINUED EXTENTION OF A VARIANCE AS PREVIOUSLY GRANTED
BY R-78-437 IN CONNECTION WITH A WAIVER OF 28 OF 274 OFF-STREET PARKING
SPACES IN CONNECTION WITH PAN AMERICAN HOSPITAL LOCATED AT 5959 N.W. 7 ST.
A MOTION GRANTING CONDITIONAL USE A PREVIOUSLY GRANTED BY R-82-875
TO PERMIT A DRIVE-IN TELLER FACILITY TO BE OPERATED IN CONJECTION WITH
(OCEAN BANK) LOCATED AT 700 N.W. LE JEUNE ROAD•.
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE USE
AGREEMENT WITH ANTILLEAN MARINE SHIPPING CORPORATION FOR USE OF DOCKING
FACILITIES LOCATED AT THE FORMER F.E.C. PROPERTY SITE ADJACENT TO
BICENTENNIAL PARK FOR A PERIOD OF 30 DAYS.
M-83=842
MOVED: CAROLLO
SECOND: PLU*',Ia-.R
UNANIMOUS
R-83-843 -
MOVED : PLUMMER
SECOND: PEREZ
UNANIMOUS.
M-83-844
MOVED: DAWKINS
SECOND: CAROLLO
UNANIMOUS
M-83-845
MOVED: DAwi(INS
SECOND: CAROLLO
UNANIMOUS
M-83-849
MOVED: DAWKINS
SECOND: PLUMMER
NOES: CAROLLO
M-83-850
MOVED: DA16TI\ S
SECOND: PLU.MMER
UNANIMOUS
M-83-851
MOVED: FERRE
SECOND: CAROLLO
AB SENT : DAWKINS
M-83-858
MOVED: PLL%. XER
SECOND: PEREZ
ABSENT: CAROLLO
M-83-859
MOVED: PLUMMER
SECOND: DAWKINS
UNANIMOUS
M-83-860
MOVED: PLUMMER
SECOND: CAROLLO
UNANIMOUS
M-83-865
MOVED: CAROLLO
SECOND: PEREZ
ABSENT: DAlmTlNS
GRANT OF EASEMENT AND RESTRICTIVE COVENANTS
THIS GRANT executed this day of February, 1993, by
KNIGHT-RIDDER NEWSPAPERS, INC., a Florida corporation
(hereinafter called "Grantor"J, is made to the City of Miami'
for the purposes and upon the terms and conditions prescribed
herein.
W IT:JESS ETH :
WHEREAS, The Miami Herald Publishing Company, a
Division of Knight-Ridder Newspapers, Inc., a Florida
44
cor: oration, 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 6 Davis f ��
Southeast Bank Building
Miami, Florida 33131
a
a 10
•
WHEREAS, the Grantor has offered to dedicate and
grant to the City a permanent easement for pedestrian
access on, over and across the portion of the property
more spec.Lfically described in Exhibit "A" attached hereto
and 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 grints
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. Landscaping and Beautification Requirement. The
Grantor covenants and agrees that the landscaping and
beautification ofthesubject 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
D
-2-
.
Grantor shall expend for such purpose an amount not less
than $300,000.00. i
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 Hay 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. Right to Close Bay 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 a total of 54 days during any calendar year without
permission from the City Manager.
5. Obligation to Construct and Maintain. The Grantor
rrr.�r �■
hereby covenants and agrees to construct and maintain at its
expense andscaped walkway and entrance access on the Bay
Easement in accord a wi th -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 Say Easement construction work shall be
coordinated in time sequence with the construction of the
authorized sixth -floor addition to the Miami iferald building
in accordance with sound construction practices and procedures
b. Certificate of Occiuoanc• . 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 City.
The
Grantor,
its
successors
and assigns, hereby agree
to
indemnify
and save
harmless the gity, its successors and assigns, from any and
all liability, lost 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 r ixth-floor
addition to the Miami Herald building, the Grantor shall pav
to the City the sum of $100,000.00 to be applied toward the
cost of constructing a public connecting walkway between the
Miami Herald bay walkway and Bicentennial Park. In addition,
if the Grantor elects:, in its discretion, to utilize television
monitors for security surveillance in connection with tht'
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 $100,000.00 and any
0�
accrued interest shall be utilized by the City for creating
or improving pedestrian access, park or recreation facilities
in the general area.
9. Parking Requirements. 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. Approval 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
Grantor to proceed with this construction work. It
11. City Commission Review. The performance of the
terms and conditions of this agreement by the Grantor is
sub-ect .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
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
�1
matters constituting the consideration for the execution
of this agreement.
IN WITVSASS WHEREOF, the Grantor has executed this
Grant of Zasement and Restrictive Covenants the day and
year first above written.
KNIGHT-RIDDER NEWSPAPERS, INC.
Y'
NAMES K. BATTEN, President
(Corporate Seal)
J
Attes t•:
CHARLES E. CLARK, Secretary
STATE OF FLORIDA )
) ss. :
COMITY OF DADE )
TT�hj1eforegoing instrument was acknowledged before me
this '! day of February, 1983, by JAMES K. BATTEN,
President, and CIARLES E. CLARK, Secretary, of Enight-Ridder
Newspapers, Inc., a Florida corporation, on behalf of the
corporation.
! ( NOTARY SEAL )
40
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otary Pub l '
My Commission expires:"
NOT.;RYiU.IIICST•!T" -ry '
MY C:':.,C
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DESCRIPTION OF BAY WALK
HERALD PARK
That portion of Lot 20, Block 2, AMEIIDED PLAT OF LOTS 4 TO 6 INCL.USIVE BLOMC 1 AND
LOTS 4 'IU 20 INCLUSIVE BLOCK 2 OF RESUBDIVISION CF LOTS 25.26 & 70 NEIZON VILLA
SUBDIVISION AIM IATS 1 & 2 BLOCK 1, GARDEN OF MEN SUBDIVISION, according to the
Plat thereof, recorded in Plat Book 30 at Page 20 of the Public Records of Dade Count:
Florida; and 'a portion of those unplatted lands in the West I of Section 31, Township
53 South, Range 40 East; and a portion of Lots 1 through 6, BAY SEREIIA, according to
the Plat thereof, recorded in Plat Book 7 at Page 135 of the Public Records of Dade
County, Florida; and a portion of Lots S-3, W-9, W-10, W-11, W-12 and P-4 THE
CUSZIAY FILL, according to the Plat thereof, recorded in Plat Book 5 at Page 120,
of the Public Records of Dade County, Florida; containing 26,632 square feet, more
or less, lying and being in. the City of :Siami, Dade County, Florida, described as
follows:
BEC1:t at the intersAction of the north line of said Lot 20, Block 2, same being
the South.right of Way lime of Northeast 15th Street (Venetian Causeway) with the
DADS COUNTY BULUMD LI;c, according to the Plat thereof, recorded in Plat Book 74
at Page 18 of the Public Records of Dade County, Florida; thence run S.29045125"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 FAST,
for a distance of 15 feet, to a point; thence run SCU':H, 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
FAST -WEST EXPRESSWAY (I-395) STATE ROAD ;: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 RIGHT OF WAY PAP SECTION 57200 (290I)240; thence run
N. 83 28101"E., along the Northerly right of way line of said EAST - WEST EXPRES-:AY,
for a distance of 45.46 test. to a point on said DARE CCU::TY BUTTUMAZAD LI:2; thence
run 11.2 12.25"E., along said DADE COU:."TY BU11CHEAD LIiIE, for a distance of 779.41 feet,
to the POINT OF BEGINNING.
WE HEREBY CERTIFY: That this DESCRIPTION OF BAY WALK] HERALD FAFF.. is true and
correct, to the best of our knowldege and belief. as prepared under'our direction,
on thia lst day of October, 1982.
Mb'E&& ENES-&-Assoc.. INC.
Gabtlel L. Denes, PLS 1908
State ot;Florida
EXHIBIT "A"
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