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R5L Presentation2947 Lincoln Road Investments, Inc. 1657 Michigan Avenue, Miami Beach Florida Operations Plan Historic Preservation Board: April 2017 Loading Zone Variances OVERVIEW Property is located at the northeast corner of the intersection between Lincoln Road and Michigan Avenue. The Applicant is proposing to renovate and restore the original, historic Michigan Avenue facade and create a new, modern building behind it. The proposed structure will be two stories in height and will contain approximately 14,807 square feet. While a final determination has not been made as to the ultimate tenants, this application assumes that the proposed structure will contain mostly if not all retail tenants, although restaurant uses may be considered. It is anticipated that no more than four (4) tenants will occupy the proposed 14,807 square foot structure. These proposed uses will greatly benefit the area, create a more attractive and active uses and improve the Lincoln Road pedestrian experience. Affidavit Signed by Leon Zwick — Manager of 947 Lincoln Road Investments, Inc STATE OF COUNTY OF 9 , being first duly sworn, depose and certify as follows: (1) 1 am the owner of the property that is the subject of this application. (2) This application and all information submitted in support of this application, including sketches, data, and other supplementary materials, are true and correct to the best of my knowledge and belief. (3) I acknowledge and agree that, before this application may be publicly noticed and heard by a land development board, the application must be complete and all information submitted in support thereof must be accurate. (4) I also hereby authorize the City of Miami Beach to enter my property for the sole purpose of posting a Notice of Public Hearing on my property, as required by law. (5) I am responsible for removing this notice after the date of the hearing. OWNER AFFIDAVIT FOR INDIVIDUAL OWNER 5 SIGNATURE Sworn to and subscribed before me this 7 day of Cr tzl e/, 20 1 lQ . °The _ f'oregoing instrument was acknowledged before me by , who has produced as identification and/or is personally known to me and who did /did not take an oath. NOTARY SEAL OR STAMP My Commission Expires: 49:NIZ JOSEPH RICHMOND MY COMMISSION tM FF928063 EXPIRES: December 14, 2019 x.10 lt,rrl-c( 1 NOTARY PUBLIC PRINT NAME. March 13, 2019 City Commission Meeting Minutes — Item R5F Carter McDowell, representing 947 Lincoln Road, the Walgreens property, informed the City Commission that they met with City staff and Mr. Mooney. The item came out of left field from their perspective, as they were not aware that it was happening until Tom Mooney, as a courtesy, told Seth Gadinsky that this is something that might affect the project that he is working on. They do not believe it affects the project; however, he also spoke to the City Attorney's staff. He read a portion of City Code Section 118-168 entitled Proposed land development regulation amendments; application of equitable estoppel to permits and approval and distributed copies to the dais. He read section "(a): After submission of a completed application for a project approval, to the extent a proposed amendment to these land development regulations would, upon adoption, render the application nonconforming, then the following procedure shall apply to all applications considered by the City or any appropriate City board: (1) In the event the applicant: a. Obtains (ii) a certificate of appropriateness,...b. Satisfies subsection a., prior to a favorable recommendation by the Planning Board with respect to any land development regulation amendment, then the project shall be presumed to have received a favorable determination that equitable estoppel applies and the subject land development regulation amendment shall not be enforced against the application and/or project." This handout includes two important documents. In 2015, the land owner /landlord entered a 15 -year lease with Walgreens to restore this contributing historic structure on the property for Walgreens. According to the lease, the owner is responsible for getting the necessary approvals and Walgreens is to implement those approvals and would be the ultimate document. The building is a two -story store. Page 50 of 135 DECLARATION OF RESTRICTIVE COVENANIa THIS Declaration of Restrictive trictive Covenants (Declaration''), is made this day of 2019, by 947 Lincoln Road Holdings LL C, a Delaware limited liability company ("Owner(s)"), in favor of the City of Miami each, Florida, a municipality of the State of Florida "City" WITNESSETH: 'H EREB, the Owner holds fee - simple title to certain property in the City of Miami Beach, Florida, located at 1657 Michigan Avenue and 947 Lincoln Road, Miami Beach, Florida, bearing the following folio number(s) 02-3234-018-0010, legally described in Exhibit "," attached hereto and made a part hereof "Property's); and WHEREAS, on September 15 2015 the Owner entered into a lease with Walareen Co., an Illinois corporation ('Walgreens"). WHEREAS, on October 17, 2017 Owner obtained approval of the Historic Preservation Board under File No. HPB 17 -0099 as recorded in Official Records Book 30721, at Page 2121 of the Public Records of Miami -Dade County, Florida the "HPB Order ") ; and WHEREAS, Walgreens applied for a building permit pursuant to the HPB Order on or about August 10, 2018, and Walgreens Testimony 5 F: Prohib►it/Ex pan -Lu . Rd/Art De co Overlay City Commission Meeting 03/1312019 02:11:14