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HomeMy WebLinkAboutItem #21 - Discussion Item50 f' March 27, 1985 TO: Mr. John Gilchrist Mr. David Weaver The following is a copy of the text of telegrams sent today to the Mayor of the City of Miami and to the four City Commissioners. March 27, 1985 Honorable Maurice A. Ferre Mayor - City of Miami 3500 Pan American Drive Miami, FL 33133 Getitl.el-.len; We have been advised that City Commission is considering a change in plans for Bayfront Park. This change involves retaining the current Library Building and converting it to either public office or commercial office use. Such a conversion would require our approval under section 2.2 (d) of Bayside Specialty Center Lease. We could not give our consent for the following reasons: (a) The intrussion of office uses into Bayfront Park contradicts the representctions *wade to us that Bayfront Park was to be a people- o,j7iented, open space - a representation which was critical to our determination to proceed with Bayside. (b) Such a serious change in plans could jeopardize UDAG and other federal funds for the renovation of Bayfront Park, as designed by Mr. Naguchi. Since the UDAG funds are a condition precedent to Bayside's con- struction, this change in plans could jeopardize the Bayside pro- ject itself. It is important that we, as the City's partner and those financial institu- tions and prospective merchants, large and small, with whom we do business be able to rely on our public partner's continued commitment to the Bayfront Park plans. The intrussion of office uses into Bayfront Park by the City Columbia Maryland21044 i t s i S 1 #3: y. t.� k` 7l � � j Page 2 March 27, 1985 John Gilchrist David Weaver - x s would seriously call into question this reliability, not only where Bayside is concerned, but generally. We urge the Commission to reafirm its commitment to the full—scale renovation of Bayfront Park as a spectacular place for the people of ::iami any the surrounding metropolitan area. James F. Dausch Vice President NOTE: The same telegram was sent to each of the four City Commissioners. f i 4 t 3 i t l i i 5 - - t } A TEXT OF TELEGRAM SENT TO MAYOR FERRE BY CLAUDE PEPPER i Honorable Mayor Maurice A. Ferre and Members of the City Commission: I have been advised that the City Commission is considering a change in plans for Bayfront Park. The proposed change retaining the Miami Public Library building for public or commercial office use seriously threatens the viability of both federal UDAG funding and water edge restoration work to be provided by the Corps of Engineers. The central feature of the redevelopment of Bayfront Park is the Flagler Promenade including the Claude and Mildred Pepper Fountain at the water's edge. I would like to express my gravest concern that this project which is very dear to me a.nd of great importance to the people of Miami not be jeopardized. /s/ CLAU1 .-N O t. restaurants, facilities for the sale of food or beverages, merchandise, and services customarily found in urban retail centers similar to the Project. (d) Use Prohibitions of the Park Site and Garage Parcel. The parties acknowledge and agree that the Leased Property is surrounded by the Park Site and Garage Parcel and that, consequently, the manner in which the Park Site and Garage Parcel is or may be used from time to time wi l l have a direct and material affect on the use and value of the Leased Property and the Improvements. In consideration of the foregoing and of the rentals reserved by it under this Lease, the City, as the owner of the Park Site and the Garage Parcel, for itself, its successors and assigns, covenants and agrees with Developer, its successors and assigns that: ( i ) The City will not permit any use of the Garage Parcel, Miamarina, the baywalk or the docks on the Park Site which would detract from the use of the Leased Property or which would materially obstruct the view of Biscayne Bay from the Leased Property, including (without limitation) any such use by vessels using the docks or the Miamarina. (ii) The City will not, without first obtaining the written consent of the Developer, (1) construct any fence or barrier between the Park Site, the Garage Parcel and the Leased Property, (2) make or permit substantial alteration in the Park Site or the Garage Parcel or permit any structure on the Park Site or the Garage Parcel which will substantially adversely affect the access to and from the Leased Property, or (3) be inconsistent with the use of the Leased Property; (iii) The City will not sell the Park Site or the Garage Parcel except to a party who shall agree to expressly assume the City's - 31 - — 60 obligations under this Agreement and who shall have the authority to assume and perform the same as provided for under Section 5.6; (iv) Except with respect to Areas A-4 and A-5 which may be used by the City for any lawful purpose if the City shall terminate this Lease with respect to same pursuant to Section 2.1(a), and except for the temporary uses permitted pursuant to the Grand Prix Agreement, the Park Site will, during the term of this Lease and any renewals hereof, be open to the general public and shall be devoted only to public park uses; and (v) The City will coordinate its ongoing planning and implementation efforts relating to the construction of improvements to and the use of the Park Site and Areas A-4 and A-5 with Developer (including, without limitation, the staging of promotional events and entertainment activities and construction activities) so that the making of improvements to and the use of such area will not materially adversely effect the Developer's and Subtenant's use and enjoyment of the Leased Property. The City agrees to impose the use restrictions affecting the Garage Parcel hereinabove set forth, from time to time, on the tenant's estate under the Parking Garage Ground Lease and, so long as the Parking Garage Ground Lease in in effect, Developer agrees to look solely to such tenant with respect to the enforcement of its rights hereunder as same apply to the Garage Parcel provided that the City shall have imposed such use restrictions on such party. (e) Enforceability. It is intended and agreed hereby that the restrictive covenants contained in this Section 2.2 shall be binding upon the City and the Developer, their successors and assigns, and any covenants running with the Land and successors in interest, as the case may be, and - 32 - restaurants, facilities for the sale of food or beverages, merchandise, and services customarily found in urban retail centers similar to the Project. (d) Use Prohibitions of the Park Site and Garage Parcel. The k t parties acknowledge and agree that the Leased Property is surrounded by the Park Site and Garage Parcel and that, consequently, the manner in which the t ;.; Park Site and Garage Parcel is or may be used from time to time wi l 1 have a direct and material affect on the use and value of the Leased Property and the F.' Improvements. In consideration of the foregoing and of the rentals reserved by it under this Lease, the City, as the owner of the Park Site and the Garage Parcel, for itself, its successors and assigns, covenants anq agrees with Developer, its successors and assigns that: (i) The City will not permit any use of the Garage Parcel, Y AaF " Miamarina, the baywalk or the docks on the Park Site which would detract from the use of the Leased Property or which would materially obstruct the view of Biscayne Bay from the Leased Property, including (without y. limitation) any such use by vessels using the docks or the Miamarina. (ii) The City will not, without first obtaining the written Y consent of the Developer, (1) construct any fence or barrier between the Park Site, the Garage Parcel and the Leased Property, (2) make or permit 'f..4 substantial alteration in the Park Site or the Garage Parcel or permit any structure on the Park Site or the Garage Parcel which will substantially *_ adversely affect the access to and from the Leased Property, or (3) be inconsistent with the use of the Leased Property; 2 (iii) The City will not sell the Park Site or the Garage Parcel �J;41 w. except to a party who shall agree to expressly assume the City's - 31 - obligations under this Agreement and who shall have the authority to assume and perform the same as provided for under Section 5.6; (iv) Except with respect to Areas A-4 and A-5 which may be used by the City for any lawful purpose if the City shall terminate this Lease with respect to same pursuant to Section 2.1(a), and except for the temporary uses permitted pursuant to the Grand Prix Agreement, the Park Site will, during the term of this Lease and any renewals hereof, be open to the general public and shall be devoted only to public park uses; and (v) The City will coordinate its ongoing planning and implementation efforts relating to the construction of improvements to and 4 the use of the Park Site and Areas A-4 and A-5 with Developer (including, without limitation, the staging of promotional events and entertainment activities and construction activities) so that the making of improvements to and the use of such area will not materially adversely effect the Developer's and Subtenant's use and enjoyment of the Leased Property. The City agrees to impose the use restrictions affecting the Garage Parcel hereinabove set forth, from time to time, on the tenant's estate under the Parking Garage Ground Lease and, so long as the Parking Garage Ground Lease in in effect, Developer agrees to look solely to such tenant with respect to the enforcement of its rights hereunder as same apply to the Garage Parcel provided that the City shall have imposed such use restrictions on such party. (e) Enforceability. It is intended and agreed hereby that the restrictive covenants contained in this Section 2.2 shall be binding upon the City and the Developer, their successors and assigns, and any covenants running with the Land and successors in interest, as the case may be, and 3� -