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HomeMy WebLinkAboutR-84-0718J-84-473 5/9/84 RESOLUTION NO.�' A RESOLUTTON REUUF,STING THE CITY MANAGER TO INSTRUCT RUCT THE BUILDING AND ZONIN(= DTVTST0N. OF' THE FTR.F , RESCUE AND INSPECTTOR7S SERVTCES 1)1 PAPTMT�NT TO T CC'iTV '7Tn•.Tt' r+- r lu L� ri is a.NAIJ �.,!��ttti i.i- _Li_eaT r, OF OCCUPANCY FOR THE SIXTH FLOOR ADDITION TO THE MIAMI HERALD BUILDING, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY CODE AND ZONING REGULATIONS. WHEREAS, the City Commission on May 27, 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 City 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, 1983 from Knight-Ridder Newspapers Inc. (owner of the Fliami Herald Building) to the City of Miami., governing construction of a landscaped walkway and entrance access in the I3ay Easelitent in accordance with the approved plans in conjunction �,ith the sixth floor addition to the existing l'iami horald building; and WHl,R1AS, the City Commission on September 29, 1983 through Motion No. t�3-844, authorized and directed the City Manaqer to request the )ire, Rescue and Inspection Services Department to process issuance of a Partial Certificate of Occupancy for the CITY JUGS 28 ]S,64 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 4110,000 representing 1.10' of the remaining 33- of the hayttTal} and landscapi nrt t(ti hr, rnmul n t-rd . and WHEREAS-, the Knight-Ri.dder 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 MIAMI, 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 110% 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 MA RICE A. FERRE, MAYOR ATTEST: Ra h G. Ongie, City Cllktk PREPARED A14D APPROVED BY: 0 q 1 E. MaXV" V istant City ttorney APPROVED AS `1'U FOhN, AND CORRECTNESS: t, se GarCla-Pcdrosa ity Attorney 2 JEM/wpc/ab/279 84-r718 d 15 CITY CF MIAMI. FLOW AU,jIT'Tt `� _ INTc}2-01•_rL..c MEMORANDUM _JU,1ZO -A :34 i �I Howard V. Gary City Manager DATES June 19, 1984 FILE SUBJECT: Resolution: Final Certificate of Occupancy: Miami Herald Building >Apl rgi Rodriguez, Director iEFERENCES Clty Commission Meeting ing Department of June 28, 1984: Agenda ENCLOSURES Item It is recommended that the Commission request the City Manager to instruct the Building and Zoning Division, Fire, Rescue and Inspection Services Department to issue a final Certificate of Occupancy for the sixth floor addition to the Miami Herald Building, subject to compliance with all applicable f City Code and zoning regulations, per the fi attached resolution. ,t (Note: This item was continued from the City Commission meeting of May 24, 1984.) Recommendation The Planning Department has reviewed the conditions pertaining to the 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 4 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 of Miami return to the Miami Herald the perforriance bond in the amount of $110,000 that represented 110% of the remaining 33% of the baywLilk 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 $373,001 (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. Page 1 of 2 84--"718 Y Howard V. Gary June 19, 1984 City Manager Per City Commission Resolution 82-460 and 82-461; May 27, 1982, (attached) the Miami Herald was granted variances and modifications to the Waterfront Charter 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, 1982 (attached). Motion No. 83-844 granted a partial Certificate of Occupancy 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 condition:. established by these 4 resolutions required: } -- continuation of a minimum of 917 parking spaces t { -- paying $100,000 towards the cost of a pedestrian overpass to Bicentennial Park; possible TV monitoring - i -- an entrance feature for Baywalk -- a minimum expenditure of $300,000 for landscaping and beautification i -- a baywalk public easement abutting the bayfront and public access thereto with maintenance by the Herald i -- 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 contributed $100,000 toward a pedestrian overpass and spent $300,000 for landscaping and beautification. All other conditions have been met. SR/JWM/vb Attachments Page 2 of 2 84--'716 s'a -�4+��:5!' .,��.•Z:t�St*.iQ'���',,.'+t�rpN;;l►$.r^,'!'�i!"w:�h.X4' ,. .. .. ... ... �•.4�►'a""`�"�-"�bi•�';;ke�'4ar�:.. ��1IIJIJl! ^ THE M I A Ni n NEWS c;„he Miami licrald A KNIGHT-RIDDER NEWSPAPER- A COX NEWSPAPER I'll ,.,:�111 J. rmiinmfi., Two editorially independent newspapers, printed, sold and distributed by THE MIAMI HERALD PUBLISHING COMPANY 1 HERALD PLAZA, MIAMI. FLORIDA 33101 • (AREA CODE 305) 350-2111 1 June 13, 1984 Mr. Joseph McManus Assistant Director -Planning Department City of Miami 275 Wq 2nd Street Miami, FL 33128 RE: Herald 6th Floor Addition Dear Joe: Encl-)sed please find the pertinent documentation from M.R. Harrison Construction Corp. regarding the expenditures for landscaping and beautification of the park, baywalk, and parking lot areas. The final cost figures are as follows: Projected To Date _ 1. Construction: Park/Baywalk $221,897 $215,905 Parking Lot 118,547 110,629 2. Design 43,467 43,467 3. Supervision 3,000 3,000 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, i Armando Ga',al Management Engineering MG:ct 4-718 � ~ R! N� A� R J R; �s; S; N CONSTRUCTION CORPORATIONS 1 0 0 0 N. W 5 4 T ►-i S T R E E T P O S T OFFICE BOX 5 1 0 2 1 5 M I A M I, F L O R I D A 3 3 1 5 1 June 14, 1984 TELEPHONE: AREA CODE 305. 757-0621 Mr. 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 baywalk. 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 $300,000 for the baywalk and beautification features. Sincerely, M. R. HARRISON CONSTTIZUCTIO14 CORPORATION Maurice R. Harrison, III President MRHIII:mb 84-716 11 � -=RALX NSION PR04151T ' PARKING LOT PARKING LOT BAYWALK l PARK BAYWALK 6 PW TO -A TC14,-: MSCRIPTION q0;zr-r 0 ACTUAL TO LATE PROJECTED ACTUAL TO DATE <OJ_CT'c; sCT 14L 'C ;ATE ?SDnK!' 1000C'.0c 1C0c:.Cc 2CCCC.GG zGOC!'.GG 3C'CCL.Cc 3C3CC.�^ r- ) -!N-OR%IKG3000.016 n^_ ,yn - V �•• ..• 4:.r_. L_ 4Yrr 20::�.uG � 1...�111111 1fT1.y r.,..J•YV t.I 2J�G. J WAT:RFROCfINS r._r .... •• 4t,rrJ.�l. 31C7L.C5 3'G72.CC 75972.CC 7:CiZ•�- L ( rr t• '3 l- 7Cnc�.Cn IECCn ^c 1� Ci. C .;.� '_oCC:.GO L1G-T:Na ^5'"... J: 89= .C: �n nr .CC:..�_ 14L'JC.. 225GG.CC �GL79.c0 22�-- - 25679.0E 9vi CYO _� - 1820�.G� ". ^� r: 16,: 56� C.C� 275C^_.C� 2.3C 3ZC7.00 32C0.00 32 2.C7 ?M-2.?C r.CO 1CLJ_. L 12742.' '' 12742.,.J L27�.,. G 2275S.00 K497.CO 35417 Z Cr _J 1 �� n C�L'�'.C. 5000.02 n" _ JGJr'.L'L H.H.05 :_:- r 7._.. g53.5. 3850.00 7000.00 7GGD.DG -O-aL 110792.00 103392.00 207381.00 251781.120 318173.50 3�-15173.00 8 PRO=1T, 6X 6647.,2 62C3.52 12442.86 12106.86 19=9:.35 1531G.35 50"�0, 1% :i 7.92 1`33.92 2073.81 Z:17.81 31Ci.73 3G51.73 r 12547.44 110629.44 221897.67 Z159G5.61 34G445.11 326535.11 -C'AL '0 ?ATE 'v8. CC"MITMENT (S3Ci,E.`2-:) NI I7` 9 r �e I v� III ! JI, 11, 1 1i i'r Jill III I'll III'll I ' lll' 11 III II I s i "�� • rw _.A rrr . �. .1 ..� .. � .-.:3. .. , ..�S..L ..�IM'eif0. e•�ei.'.Y .. L .. v... .. r ... . •�4 �. . r �.. • • P .• e RESOLUTION NO. • A RESOLUTION GRANTING VAR T..ANCF FROM t ORDINANCE. 6871, ARTICYI'.E XVI, SUCTIONS 4 (d) AND 6, TO PERMIT A 44,000 SQUARE 4 1 .FOOT ADDITION TO THE EXISTING MIAMI , HERALD BUILDING ON TENTATIVE PLAT �1145-A . "HElbiLD PARK"; BEING 1 HERALD PLAZA, i AS PER PLANS ON FILE, PROVIDING A 35' . SETBACK TO THE CENTERLINE OF THE STREET FROM A POINT ONE-HALF (�) THE HEIGHT OF THE BUILDING ABOVE GRADE (4 8,. 75' RE- QUIRED); PROPOSING A FLOOR AREA RATIO .(FAR) OF 2.52 (2.0 FAR ALLOWED); SUBJECT TO THE MIAMI HERALD PROVIDING: THE CON- . TINUED EXISTENCE OF A MIN114UM OF 9117 I PARKING SPACES; PAYING 50% OF COSTS FOR CONSTRUCTING A PUBLIC CONNECTING WALKWAY BETWEEN THE HERALD BUILDING BAYWALK AND BICENTENNIAL PARK, SAID CONNECTOR TO BE DESIGNED WITHIN SIX (6) MONTHS OF -MAY 27, 1982, AND CONSTRUCTED WITHIN ONE (1) YEAR OF MAY 27, 1982; LIGIiTING, MAINTENANCE AND SECURITY, INCLUDING TELEVISION MONI- TORS FOR THE PUBLIC CONNECTOR (SHOULD T. 'UTILIZEDV. BE 'UTILIZED ON THEHERALD BUILDING'S BAYWALK SECTION); PROVIDING FOR SEVENTY- - '' FIVE (75) FEET OF GRADUATED FRONTAGE FOR THE ENTRANCE FEATURE LEADING TO THE BAY - WALK ON THE NORTHSIDE OF PROPERTY AND AN I ENTRANCE FEATURE ON THE SOUTHEAST CORNER OF PROPERTY; REQUIREMENT FOR MINIMUM EX- PENDITURE OF $300,000 FOR LANDSCAPING AND „ BEAUTIFICATION; A PUBLIC EASEMENT AVER- AGING AT LEAST 20 FEET IN WIDTH ALONG AND ABUTTING THE BAYFRONT FOR THE ENTIRE LENGTH OF THE PROPERTY WITH PUBLIC ACCESS AND SIDEWALK LEADING TO THE BAYFRONT EASEMENT; FURTHER PROVIDING FOR MAINTEN- ANCE OF EASEMENTS AND AN INDEMNIFICATION CLAUSE; REVIEW BY THE CITY COMMISSION IN ONE YEAR; ZONED C-1 (LOCAL CCMME.RCIAL ) AND C-4 (GENERAL CCMMERCIAL). WHEREAS, the Miami Zoning Board at its meeting of March 8, 1982, Item No. 10, following an advertised hearing, failed to adopt Resolution No. ZB 30-82 by a 3 to 3 tie vote DENYING VARIANCE as hereinafter set forth; and WHEREAS, the applicant- liar, taken an appeal from the denial of the variance to the City Commission; and WHEREAS, the City COITIRA _scion, not,„lithstanding the denial Of the Zoning'Board, • and after careful consideration of this matter, finds that due to peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary CITY MWAISSiCN METING O I• AY ? 7 icy 2 0 hardships would impair the owner's right to the reasonable use of the property without the variance granted as herein- after set forth; Nal, TIIERFFORF., 11E 1T RESOLVED BY THE COMMISSION OF THE CITY OF MIAMT, FLORIDA: Section 1. The request for variance from Ordinance 6871, Article XVI, Section 4(d) and 6, to permit a 44,000 square foot addition to the eXi.sting Miami Herald building on Tentative Flat „11145 n A "HERALD PARK", be*ing 1 Herald Plaza, as per plans on tile, providing a 35' setback to the centerline of the street from a point one --half the height of the building above grade (48.75' required), and further proposi;lg a proposed floor area (FAR) of 2.52 (2.0 FAR allowed); Subject to the Miami Herald providing: the continued existence of a minimum of 917 par::ing spaces; paying 50% of costs for constructing a public connecting walkway between the Herald Building baywalk and Bicentennial Park, said connector to be designed within six (6) months of May 27, 1982, and constructed within one (1) year of May 27, 1982; lighting, maintenance and security, including televi- sion monitors for the public connector (should T. V. be .utilized on the Herald Building's Baywalk Section) for the public connector.; providing for seventy-five (75) feet of graduated frontage for the entrance feature leading to the M baywalk on the northest corner of property as well as an -en- trance on the southeast corner of the property as proffered by the applicant; a minilnusl e:cpenditure of $300,000 for landscaping and beautification, a public easement averaging at Yeast 20 feet in width along and abutting the bayfront for the entire length of the property; a second public access easement and- leading to the bayiront ease- ment, with all average width of 10' (minimum 5 `) , along the southerly property line, or a pedestrian opening in the A 84-'71i 7 NO- t existing fence for public access to the bayfront walkway; ry upgrading of the :-setback area with landscaping and walls -along the north property line as proffered lax the applicant; ,'. all public easements to be perpetlaally maintained by the applicant; the City shalt be held harmless for any lzabil- ity; the public access may be restricted during the time the barge is docked for unloading operations; all development . plans for the aforementioned activity be reviewed and ap- proved by the Planning Department prior to commencement of any construction; review by the City Commission in one year; zoned C-1 (Local Commercial) and C-4 (General Commercial), be and.the same 4s hereby granted. — j PASSED AND ADOPTED this 27 day of May , 1982. s - 14AURICE A. FERRE MAURICE A. FERRE, Mayor ATTEST: ' 1:7fity G. ONGIE Clerk ' PREPARED AND APPROVED BY: TERRY V. PERC' Deputy City Attorney APPROVED AS `.CO FORt4 AND CORRECTNESS: GECR •E F. KNOX, JR. Cit�j Attorney ' 84- 718, i.mn�mnmm A RESOLUTION NO. SZ-461 A RESOLUTION GRANTING MODIFICATION OF, ` REQUIREMENTS OF MIAMI CITY CHARTER CHAP- TER 10047, SECTION 3(4) (b)'-•1 HERALD PLAZA AS PER PLANS ON FTIAE TO PERMIT CONSTRUC- TION OF AN ADDITION TO AN EXISTING BUILD- ING AT 1 HERALD PLAZA 14-TTII A PROPOSED 25' •• SETBACK FROM THE SEAWALL AT THE POINT OF • MINIMUM DISTANCE (50' REQUIRED), AND 10.32' (5.19%) AGGREGATE SIDE YARD BASED .ON AVERAGE LOT WIDTH (198.81 [ 2 5 % ] RE- QUIRED).; SUBJECT TO THE MIAMI HERALD . -PROVIDING: THE CONTINUED EXISTENCE OF A - • MINIMUM OF 917 PARKING SPACES; PAYING 50% OF COSTS FOR CONSTRUCTING A PUBLIC � ' • - CONNECTING WALKWAY BETWEEN THE HERALD , BUILDING BAYWALK AND BICENTENNIAL PARK, SAID CONNECTOR TO BE DESIGNED WITHIN SIX (6) MONTHS OF MAY 27, 1982, AND CON- STRUCTED WITHIN ONE (1) YEAR OF MAY 27, 1982; LIGHTING, MAINTENANCE AND SECURITY, INCLUD�NG TELEVISION MONITORS FOR THE _ PUBLIC g0NNECTOR (SHOULD T. V. BE UTIL- IZED ON' THE HERALD BUILDING'S BAYWALK _ SECTION); PROVIDING FOR SEVENTY-FIVE (75) FEET OF GRADUATED FRONTAGE FOR THE EN- TRANCE FEATURE LEADING TO THE BAYWALK ON • THE NORTHSIDE OF PROPERTY AND AN ENTRANCE FEATURE ON THE SOUTHEAST CORNER OF PROP- ERTY; REQUIREMENT FOR MINIMU14 EXPENDI- TURE OF $300,000 FOR LANDSChPING AND BEAUTIFICATION; A PUBLIC EASEMENT AVER- AGING AT LEAST 20 FEET IN WIDTH ALONG AND '• ABUTTING THE BAYFRONT FOR THE ENTIRE LENGTH OF THE PROPERTY WITH PUBLIC ACCESS AND SIDEWALK LEADING TO THE BAYFRONT EASEMENT; FURTHER PROVIDING FOR MAINTEN- ANCE OF EASEMENTS COVENANT AND AN INDEM- 'NIFICATION CLAUSE; REVIM" BY THE CITY COMMISSION IN ONE YEAR; ZONED C-1 (LOCAL COMMERCIAL) AND C--4 (GENERAL COMMERCIAL). WHEREAS, the Mi-Imi Zoning Hoard at its meeting of March 8, 1982, Item rto. 10, following an advertised hearing, failed to adopt Resolution No. ZB 31--82 by a. 3 to 3 tie vote . DENYING MODIFICATION OF MIAMI CITY CHARTER, as hereinafter . set forth; and WHEREAS, the applicant has taken an appeal from the denial of the modifieziti.or, to the City Commission; and ' WHEREAS,•the City Commission, notwithstanding the denial of the Zoning Board, and after careful consideration of this matter, finds that due to peculiar circumstances affecting 84- 718, CITY C01�11AI . CN this parcel of land, practical difficulties and unnecessary hardships wo».ld impair the owner's right to the reasonable use of th.e proper'ty without the modification granted as hereinafter_ set forth,; NCW,'T11EREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMT , FLORIDA: section 1. The request for modification of require- ments of Miami City Charter, Section 3(4)(b) I HERALD PLAZA, to permit construction of an addition to an existing building at 1 Herald Plaza with a proposed 25' setback frcm the seawall at the point of minimum distance (50' required), and 10.32' (5.19%) aggregate side yard based on average lot width (198.81 [23%] required) ; Subject to the Miami Herald providing: the continued existence of a minimum of 917 parking spaces; paying 50% of costs for constructing a public connecting walkway between the Herald Building bay - walk and Bicentennial Park, said connector to be designed within six (6) months of May 27, 1982, and constructed within one (1) year of May 27, 1982; lighting, maintenance and security, including television monitors for the public connector (should T. V. be utilized on the Herald Build- ing's Baywalk Section) for the public connector; providing for seventy-five (75) feet of graduated frontage for the en- trance feature leading to the Jaywalk on the northest corner of property as well as an entrance on the southeast corner of the property as proffered by the applicant; a minimum ex- penditure of $300,000 for landscaping and beautification; a public easement averaging at leant 20 feet in width along and abutting the bayfront for the entire length of the prop- erty; a second public acce :: easement and sidewalk leading to the bayfront easen-ieiYt, with an average width of 10' (minimum 5') along the southerly property line, or a pedes- trian opening in the existing fence for public access to the 84-718 le bayfront walkway; upgrading of the setback area with land- . scaping and walls along the north property line sas-pr©ffered by the applicant; a-11 publ .r_ casements. to k)e perpetually maintained by the applicant; the City shall be held harmless for any 11alj-ility; the public access may be restricted dur- ing the time the barge is doc}ced for unloading operations; all development plans for the aforementioned activity be ice - viewed and approved by the Planning Department prior to com- mencement: of any construction; review by the City Commission in one year; zoned C-•1 (Local Commercial) and C-4 (General Commercial), be and the same is hereby granted. -PASSED AND ADOPTED this 27 day of May , 1982. F..AURICE A. FERRE MAURICE A. FERRE, Mayor ATTEST: op 0 RALPH G. ONGIE ' fity Clerk PREPARED AND APPROVED BY: TEERCY Deputy City Attorney • APPROVED AS TO FORM AND CORRECTNESS: GE01jG F. KNOX, JR. City7ttorney ' 84--"71& i • RESOLUTION NO. 8 2— 7 7 9 A RESOLUTION GRANTING REQUEST OF MIAMI HERALD PUBLISHING COMPANY FOR MODIFICATION AND CLARIFICATION OF CERTAIN CONDITIONS PRESCRIBED IN RESOLUTION NO. 82-460 iUID RESOLUTION NO. 82-461 GOVERNING CONSTRUCTION OF _ A SIXTH FLOOR ADDITION TO EXISTING BUILDING AT ONE HERALD PLAZA WHEREAS, the City Commission on May 27, 1982, adopted . Resolution No. 82-460 granting variances to permit the construction 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 City 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 'Miami Herald requests modification and clarification of certain of the conditions prescribed in Resolution No. 82-460 and Resolution No. 82-461, and the City Commission has considered such request at a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF 2MIP.I'1I , rLORIDA : Section 1. The following condition contained in Resolution No. 82--460 and Resolution No. 82-461: Subject to the Miami Herald providing: . . a minimum expenditure of $300,000 for landscaping and beautification. is hereby amended, modified and clarified to read as follows: The landscaping and beautific--tion of 84-718 the subject property at One herald Pla2'�a shall be in accord.:mice tiiit!i CITY COMMISSI011 the detailed pl.: n sub riitted by t'Ze tliaIni MEETING O Herald, and rnacc a par-E tictreef by ref-rer.ce, in an aim)u)it not th'i'll ;'1300,010,00. 1l City C0L'= ss±c , 1.ci-'.'.':M--s.!�,i.fut�sac 77 Section 2. The following condition contained in ( � Resolution No, 82-460 and Resolution No. 82-461: ,• Subject: to the fla.ami Hey_al_d paying 500 of c©st:s for constructing a public connect ;gig ?,,all -,way 13etween the _ Herald Building bayivalk and Bicentennial Park, said connector t_o he dc,signed within six ::.oaths of May 27, 1982, and constructed within one year of May 27, 1982; lighting, maintenance a -rid security, including tele- vision monitors for the Public connector (should T.V. be utilized on the herald Building Baywa.lk Section) for the: public connector. is hereby amended, modified and clarified to read as follows: When a building permit is issued for construction of a si..th floor addition to the Herald building, the f;iam.i Herald. shall pay to the City the sum of $100,000 to be applied toward the cost of construc- ting a public connecting walkway between the Miami Herald haywalk and Bicentennial Park; 44 television monitors for lic the pubconnecting walkway (should T.V. be utilized on the Herald Building Baywalk Section) shall be the responsibility of the Herald. If construction of the connector is not commenced by the City within three years from the date hereof, such cash contribution and any accrued interest shall be utilized by the City for creating or improving pedestrian access, park or recreational facilities in the general area. Section 3. Resolution No. 82-460 and Resolution No. 82-461, as amended, modified and clarified by this resolution, are ratified and confirmed, and shall constitute the conditions under which construction of the si:;th floor addition to the existing ."•liari Herald Building is permitted. PASSED P.ND ADOPTED this S i !-' day of SEP i EMBE4 , 1982. MAUU CE A. FERRE 14AURICE A. FERRE t : Diayor alph G. Ongie, City Cler Reviewed C-t,_ l Approves' . tad' Terry V. Per_y, Deputy Czty� I:ttornev Approved as to Form and Correctness: { )sE I2. Gar.csa-Pedrosa, Clt, Attorney 'a`' _. -. i. :�. .. r . � r .. � a�.. � r..i. 4. •, .. .... r +'� .n. ♦ J ..p ._i . f GRANT OF EASEMENT AND RESTRICTIVE COVENANTS r. THIS GRANT executed -this day of February, 1983, by KNIGHT-RIDDER NEWSPAPERS, INC., a Florida corporation (hereinafter called "Grantor"), is made 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 Ccmmission 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 ofHerald Park recorded in Plat Boo}. 121, at Page 4, of the Public Records of Dade County, Florida, and the improvements consisting of Uie 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 0 84-7i.8 ` • 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.Lfica.11y described in Exhibit "N" 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 i i citizens and residents of the City and the general public, in accordance with the terms and conditions herein �A 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 grznts 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" at-taclied hereto and as shown on the plat of Herald mark, for the use. and benefit of the public as a pedestrian walkway and entrance -access, subject to the conditions hereinafter prescribed. 2. Land:,capincg and I3(,autification Rec:uirement. The Grantor covenant_ and agrees that t:he lancl.,caping and beautification of t.lie subject pl-ol�(:__rtl, described in the plat Of Herald I'ar): aild tl:e haj L seiuent. shall be accomplished in accordance �gith the detailed plan heretofore sUbmitted on behalf of the Grantor and approved by the City, and the a .d s 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, reconstructs maintain, repair, replace, improve, alter, remove, relocate and inspect landscaping, walkways, improvements and appurtenant equipment and accessories reasonably necessary for the creation, operation and 1maintenance. of a landscaped pedestrian walkway e and entrance access on the Bay 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 ba closed from public access more than a total of 54 days during any calendar year without permission from the City Manager. 5. Obligatioi 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 plan:; heretofore submitted by Grantor and approved by the City, including the detailed landscaping an�2 beautifi- cation plan. The Day Easement Construction worl-, shall be coordinated in time sequence uri th the construction of the authorized sixth -floor addition to the Miami Herald building in accordance with sound construction practices and procedures. Al 84-718 _. _ --------------- 0 2 6. Certificate of Occlupancy. 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 �ity, 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 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 thL public wal.Rway on the Miami Herald property, then it shall be the responsibility of: the Grantor to proviue and maintain a similar television monitor for the connector walkway at its expense. if con!_t-ru(,tian of the connector walkway is not commenced by the City within years from the date of this agreement, said cash contribution of $100,000.00 and any . -4 - f • � At e! s • 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 J accepted and approved by the City and its Departments as !; constituting full compliance with the requirements of Resolutions Nos. 82-460 and 82-4G1, 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. 11. City 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 requirement, 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 bindiriq oil tiie Grant_oi anct `1`t7e tii::ui. Herald Publishing Company, a Division of the Grantor, and their successors and assigns, and enforceable against the City as to the I IV 84-�718 { matters C.V11s U.L L- A1.1119 .i1C 4 a.iVil A. %J J. 0-41G ri n=%.iUI &%JA of this agreement. • IN WITT!'CSS WHEREOF, the Grantor has executed this Grant of Easement and Restrictive Covenants the day and year first above written. KNIGHT-RIDDER NEWSPAPERS, INC. By : 2 AM S K. BAIT N, President ► j `(Corporate Seal) -Attest: 4 CHARLES E. CLARK, Secretary STATE OF FLORIDA ) ss.: COUNTY OF DADE ) TThe�-foregoing instrument was acknowledged before me this 'J day of February, 1983, by JAmES K. BATTEN, President, and CIiARLES E. CLARK, Secretary, of Knight-Ridder Newspapers, Inc., a Florida corporation, on behalf of the corporation. �� •� `��� _L otary Publ" My Commission expires. !J �� •�1NOTARY 1'U'Lll My 1: (NOTARY' SEAL) IONOi� T:+:+l r, s l�- �- 84--718 $TPF'i NPCTno f_ r)A_VIr, MILWI r1 no1I1♦ 0 EUGENE OENM P.L.S. QAMRIEL L, OENES, RL & vCaeQ & vet +c 4dj4ote.. lac. SURVEYORS a ENGMEER 4P FLAMMERS CHARLES B. MCAOAM, PE. (190).1159) MEROERT L GOPMAN, PE. CORAL C;11( A'S, I l_ORID.1 331M JUAN E. PLANAS. PE DESCRIPTIOL' OF BAY WALK HERALD PARK That portion of Lot 20, Block 2, AMENDED PLAT OF LOTS 4 TO 6 INCLUSIVE BLACK 1 AND IUTS 4 TO 20 INCLUSIVE BLOCK 2 OF RESUBDIVISION OF LOTS 25.26 & 70 NELSON VILLA SUBDIVISION AND LOTS 1 & 2 BLOCK 1, GARD214 OF EDEN SUBDIVISION, according to the Plat thereof, recorded in Plat Book 30 at Page 20 of the Public Record, of Dade County, 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, DAY SEREINA, 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 CUSE,dAY 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 Miami, Dade County, Florida, described as followss 4 BEGIN at the inters6ction 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 BULKHEAD LI1TE, 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 Nay line of the EAST -WEST E?S'RESSWAY (I-395) STATE ROAD No. 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 MAP SECTION 57200 (250I)240; thence run N. 83 28'01"E., along the northerly right of way line of said EAST - WEST EXPRESSJAY, for a distance of 45.46 feet, to a point on said DADE COUNTY BULKMAD LINE; thence run N.2012'25"E., along said DADE COUt,'TY BULKHEAD LINE, for a distance of 779.41 feet, to the POINT OF BEGINITI1,G. WE HEREBY CERTIM That this DESCRIPTION OF DAY WALK, correct, to the best of our knowldege and belief, as on this 1st day of October, 1982. &"A�SOC. , INC. GabEel 7. Denes, PLS 1908 State of Florida EXHIBIT "A" HERALD PART. is true and prepared under"our direction, c & ZONING 2 A 7'C Tin',T A(iti'n,^,TT.TNC AND DTRFCTT.?':G TIIF. C17i 1,'4AT AGF? TO 'fF;t,T kTI%11 t1i?. FT) L�'T,tii i-ITS I'ROFOS,'SL k'OiI 1.01,7 Pf}I1i i?AI'. f r'iiClp;,; F1 ^7"f1r r. .Cr 't.";nF T 1 TO C.C7TE. A(:1; TO T}}T: f:T.l r' cn? ,,iT.,;;TO'.' ?,(-) 1A7_R tti _' Tr, [){ t07T`n 'ST:TZTTNG L I111 Al 7T",Ai. PT.1 1 ';O TTIAT T1_177. Ctl'TiT.,`T(1'd CA` I?f t r, `}i.9T, II" ti,F.'y' t T�;11 TO T POC'I>I;) L"T'rit iTTTS T'T'.npo ,,q.D PTLOT "Rnr7 "'. A RESMJITT.ON AifI;`;DT iG SF,CTIOIS 1, AND 2. OF RFSO1,i.iTT.()id ;TO. 83-_633, AT)0-PTF.T) JULY )(9. 1.983. V;11TC11 AT,LOC,'1T17,J) CO;17fUNTT'i DF.VrI..OF,1F.Ti"f .LOBS PPOc=I<At1 FUND.-, TO THE BI5CAYNF.-17YN1•700D C.ITAIIBER OF COM"IFR_C,E, BY PROVIDING THAT TTTr ORIr=T-- NAT. At,?.,OrATI.O°,d OF $ 7.7i.000 TO PIISCr1,I'P.':E--Ty`5';iG1c)OD G11ATiL7ER OF CO',PNERCT PI RF,DUCED BY $11.5.000 TO $3,60,000, A.14`D THAT $160,000 BE AI.LOCATEI? TO T11I PUERTO RICAN OPPORTLP, T_TYY CENTER; FURTHER AUTI1ORI7ING THE CITY MANAGER TO ENTER INTO AGREE`1FNTS WITH SAID AGENNCTES SUBSTANTIALLY IN ACCORDANCE WITH THE PROPOSALS SUF5MITTi D BY SAID AGENCIES. A MOTION AUTUORIZING AND DIRECTING THE CITY MANAGER TO REQUEST THE FT.RE, RESCUE AND INSPECTT.ON SERVICES DEPARTMENT TO PROCESS ISSUANCE OF A PARTIAI. CERTIFICATE OF OCCUPANCY FOR THE SIXTH FLOOR ADDITI.ON TO THE MIAMI HE?'.ALD BUILDING PROVIDED THAT THE MIA?,11 HERALD PROVIDE AN IRREVOCABLE LETTER OF CREDIT OR PERFORMANCE BOND IN THE AMOUNT OF $110, 000 REPRESEIITING 1101 OF THE REkLIINING 33% OF THE BAYWALK AND LANDSCAPING TO BE CO'U'LETED BY R-82-460 and R-82--461, PASSED AT A COT-21ISSION MEETING ON MAY 27, 1982; AND R-82-799, PASSED AND ADOPTED ON SEPTEMBER 9, 1982, AND THE CONVENA,NT DATED FEBRUARY 7, 1983. A MOTIOIN TO DEFER CONSIDERATION OF AN APPEAL OF CONDITIONAL USE FILED BY A CITIZENS' GROUP CONCERNING CONSTRUCTION OF A PROPOSED STATION BY AMOCO OIL CO. LOCATED 2301 S.W. 22 STREET IN ORDER THAT THE OBJECTORS AND REPRESENTATIVES OF LLOCO MAY MEET TO DISCUSS THIS MATTER. A MOTION TO DEFER CONSIDEFA—!1;0:N OF APPOINTMENT OF THE UNEXPIRED TERM OF WILLIA111 PERRY JR. ON THE CITY 'OF MIA.*fI ZONING BOARD. A MOTION REFER —RING 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 CO:1ISSION WITH A PROPOSED SOURCE OF FUNDING AND A PROPOSED DATE FOR THE START OF CONSTRUCTION. A MOTION DIRECTING THE CITY MANNAGER TO REQUEST THE PLANNING DEPARrXEINT TO INSTITUTE A STUDY FOR POSSIBLE CIi;;NGE OF ZOINI.NG OF N.W. 3 STREET TO EITHER C=: IERCIAL OR MIXED CO.-L,iERCI,%L—RESIDE.;TIAL USE. A MOTIONN AUTIiORIZI:;G THE CONTINUED USE OF CONDITIONAL USE GRANTED BY R-82-575 TO PERMIT A DRIVE—IN TELLER FACILITY IN CONJUCTION WITH CAPITAL 3AN'K LOCATED AT 2800 S.W. 8 STREET. MOTION TO GRANNT CO.NTI.NUED ENTEINTIO.N OF A VARIA NCE AS PREVIOUSLY Gi:f,-NTE1) 1Y R-78-437 IN CO.NINECTIO.N WITH A WAIVER OF 28 OF 274 OFF—STREET PAIKII;G PACES IN COiN?',ECTION WITH P12N AXERICAN HOSPITAL LOCATED AT 5959 N.W. 7 ST. MOTION GRAINTIING CO.NDITIOINAL USE A PREVIOUSLY GRAI1TFD BY R-82-875 3 PER.MIT A DRIVE —I'll TELLER FACILITY TO BE OPERATED IN CON'JUCTION, WITIi OCEAN BAN;I;) LOCATED AT 700 N.W. LE JEU2NE ROAD. MOTION AUT110YA.ZIING AND DIRECTINNG THE CITY MANAGER TO EXTEND THE USE ;REEAfENT WITH i'NTILLFA2' MARINE S11I.PI111,G CORPORATION FOR USE OF DOCKING .CILITIES LOCATED AT THE FORMER F.E.C. PROPERTY SITE ADJACENT TO CENTS• 1NNLAL PART: FOR A PERIOD OF 30 DAYS. �`- •mow ... - ..... � � w� rlt �t_83_gi CAROLT 0 TI,:A'fI#'nii If()VTE,T): PLTflER SECOND: PEREZ UNANIMOUS M-83-844 MOVED: DAWKINS SECOND: CAROLLO UNANIMOUS �s M-83-845 MOVED: DAWKINS SECOND: CAROLLO UNAIN L` 11 OU S M-83-849 MOVED: DAWKINS SECOND: PLL'',1ER NOES: CAROLLO M-83-850 .-SOVED: DAWKINS SECOND: PLU 24ER UNANLMOUS M-83-851 MOVED: FERRE SECOND: CAROLLO ABSENT: DAWKINS 1•1-83-858 MOVED: PLUTM2-.ER SECOND: PEREZ ABSE-T: CAROLLO *i-83-859 MOVED: PLU2,IER SECOND: DAWKINS 0t,"11L�1OUS 11-83-860 :MOVED: PL=: IER SECOND: CAROLLO UN;AN IM OU S M-83-865 MOVED: CAItOLLO SECOND: PEREZ ABSENT: DAWKINS 1 y 84- 71�',.. _� .