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Resolution 2020-31229 RESOLUTION NO. 2020-31229 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND RELEASE OF EASEMENT, RELATING TO A CITY UTILITY EASEMENT, RECORDED IN O.R. BOOK 3074,AT PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, PARTICULARLY DESCRIBED AS: THE NORTHERLY (10) FEET OF LOTS 5 AND 8, BLOCK 5, OF THE PLAT OF NORMANDY BEACH SOUTH, RECORDED IN PLAT BOOK 21, AT PAGE 54 (PLAT); AND RELEASING THE CITY'S RIGHT TO ACCESS, USE AND MAINTAIN UTILITIES WITHIN A (10) FOOT TOTAL RESERVATION (EASEMENT), AS NOTED ON SAID PLAT (NOTE: A STRIP OF LAND 5 FEET WIDE IS RESERVED IN THE REAR OF EACH LOT), PARTICULARLY DESCRIBED AS: LOTS 1 THROUGH 12, BLOCK 5, ACCORDING TO SAID PLAT; SAID RELEASES BENEFITING KGTC, LLC, OWNER OF THE BURDENED PROPERTIES, LOCATED AT 7125-7145 CARLYLE AVENUE, 7100-7144 BYRON AVENUE, AND 527 71ST STREET, IN CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTIES INTO A MULTISTORY MIXED- USE PROPERTY (DEVELOPMENT); AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT REPLACEMENT EASEMENT RIGHTS ELSEWHERE ON THE DEVELOPMENT, IN THE FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, KGTC LLC (the "Owner") is the owner of the properties located at 7125, 7135 and 7145 Carlyle Avenue; 7100, 7108, 7118, 7134 and 7144 Byron Avenue; and 527 71 Street (the "Properties"); and WHEREAS, as shown on the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54, of the Public Records of Miami-Dade County(the"Plat"), there is a 10-foot easement running in the North/South direction down the center of the Properties for utilities (the "Platted Utility Easement"); and WHEREAS, there is a 10-foot utility easement, in favor of the City of Miami Beach, Florida, running in the East/West direction of the northern 10 feet of Lots 5 and 8 on the Property, recorded on November 2, 1948, in Deed Book 3074, at Page 42, of the Public Records of Miami- Dade County (the "City Private Easement"); and WHEREAS, the Platted Utility Easement is composed of water facilities, and the City Private Easement is composed of electrical and water facilities; and WHEREAS, the Utility Platted Easement and the City Private Easement are located within an area of the Properties on which the Owner intends to construct a multistory mixed-use development (the "Development"); and WHEREAS, Owner's application for the Development has been approved, subject to the terms and conditions set forth in the City's Corrected Design Review Board Order, recorded in O.R. Book 31700, at Page 465, of the Public Records of Miami-Dade County; and WHEREAS, the Owner has consulted the Public Works Department to coordinate the potential relocation and/or termination of these easements, and any others that may run in favor of the City burdening the Property, as part of the development permitting process; and WHEREAS, the Owner has requested that the City terminate its interest in the Utility Platted Easement, in favor of a current replacement utility easement by instrument; and WHEREAS, Owner has requested that the City terminate and release the City Private Easement and to work with Owner to relocate any and all utility facilities at the Properties and accept replacement easements on the Development; and WHEREAS, the Owner shall be responsible for the relocation, removal, recording in public records, and any and all associated costs relating to the termination and/or replacement of such easements; and WHEREAS, the City Manager recommends authorizing the Mayor and City Clerk to execute the Termination and Release of Easement, incorporated herein by reference and attached hereto as Exhibit"1"; provided that the Owner conveys to the City any easement rights on the approved Development, which the City Manager, in his reasonable discretion, deems necessary. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a Termination and Release of Easement, relating to a City utility easement, recorded in O.R. Book 3074, at Page 42, of the Public Records of Miami-Dade County, particularly described as: the northerly (10) feet of Lots 5 and 8, Block 5, of the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54 (Plat); and release the City's right to access, use and maintain utilities within a (10) foot total reservation (easement), as noted on said Plat(note: a strip of land 5 feet wide is reserved in the rear of each lot), particularly described as: lots 1 through 12, block 5, according to said Plat; said releases benefiting KGTC, LLC, owner of the burdened properties, located at 7125-7145 Carlyle Avenue, 7100-7144 Byron Avenue, and 527 71st street, in connection with the redevelopment of the properties into a multistory mixed-use property(Development); and further authorize the City Manager to accept replacement easement rights elsewhere on the Development, in the form that is acceptable to the City Attorney. da q/7ri/ PASSED AND ADOPTED this day of , 2020. 2-2,Z----_,_ Dan Gelber, Mayor ATTEST: illi11014 Rafael E. r nado, Cit Clerk _ p$.! Bim'''',, APPROVED AS TO P:..............c FORM & LA UAGE ` FO XE I IiitORl'�30RAT[D. ..,� 9 CH(25.^:_ City Attorneyat Date Resolutions-C7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 22, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND RELEASE OF EASEMENT, RELATING TO A CITY UTILITY EASEMENT, RECORDED IN O.R. BOOK 3074, AT PAGE 42, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, PARTICULARLY DESCRIBED AS: THE NORTHERLY (10) FEET OF LOTS 5 AND 8, BLOCK 5, OF THE PLAT OF NORMANDY BEACH SOUTH, RECORDED IN PLAT BOOK 21, AT PAGE 54 (PLAT); AND RELEASING THE CITY'S RIGHT TO ACCESS, USE AND MAINTAIN UTILITIES WITHIN A (10) FOOT TOTAL RESERVATION (EASEMENT), AS NOTED ON SAID PLAT (NOTE: A STRIP OF LAND 5 FEET WIDE IS RESERVED IN THE REAR OF EACH LOT), PARTICULARLY DESCRIBED AS: LOTS 1 THROUGH 12, BLOCK 5, ACCORDING TO SAID PLAT; SAID RELEASES BENEFITING KGTC, LLC, OWNER OF THE BURDENED PROPERTIES, LOCATED AT 7125-7145 CARLYLE AVENUE, 7100-7144 BYRON AVENUE, AND 527 71ST STREET, IN CONNECTION WITH THE REDEVELOPMENT OF THE PROPERTIES INTO A MULTISTORY MIXED- USE PROPERTY (DEVELOPMENT); AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT REPLACEMENT EASEMENT RIGHTS ELSEWHERE ON THE DEVELOPMENT, IN THE FORM THAT IS ACCEPTABLE TO THE CITYATTORNEY. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY KGTC LLC (the "Owner") is the owner of the properties located at 7125, 7135 and 7145 Carlyle Avenue; 7100, 7108, 7118, 7134 and 7144 Byron Avenue; and 527 71 Street legally described in Exhibit"A" (the"Properties"). As shown on the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54, of the Public Records of Miami-Dade County, Florida(the"Plat"),there is a 10-foot easement running in the North/South direction down the center of the Property (the "Platted Utility Easement"). There is a 10-foot easement running in the East/West direction of the northern 10 feet of Lots Page 188 of 435 5 and 8 on the Property in favor of the City of Miami Beach recorded November 2, 1948 in Deed Book 3074, at Page 42 of the Public Records of Miami-Dade County (the "City Private Easement'). The Platted Utility Easement is composed of water facilities, and the City Private Easement is composed of electrical and water facilities. The Platted Utility Easement and the City Private Easement are located within an area of the Property on which the Owner intends to construct a multistory mixed-use development (the "Development"). Owner's application for the Development has been approved, subject to the terms and conditions set forth in that certain City Design Review Board Corrected Order, recorded in O.R. Book 31700, at Page 465,of the Public Records of Miami-Dade County. The Owner has consulted the Public Works Department to coordinate the potential relocation and/or termination of these easements, and any others that may run in favor of the City burdening the Property, as part of the development permitting process. The Owner has requested that the City release its interest in the Platted Utility Easement, in favor of a current replacement easement by instrument. Owner has also requested that the City terminate and release the City Private Easement, and to work with the owner to relocate any and all utility facilities at the property and to negotiate and accept replacement easements benefiting the City,as necessary. The Owner shall be responsible for the relocation, removal, recording in public records, and any and all associated costs relating to the termination and/or replacement of such easements. Accordingly, the City Manager recommends authorizing the Mayor and City Clerk to execute the termination and release of easement attached to this City Commission memorandum provided that the owner conveys to the City any easement rights on the approved Development which the City Manager, in his reasonable discretion, deems necessary on behalf of the City and for the benefit of KGTC LLC, owner of the Property located at 7125, 7135 and 7145 Carlyle Avenue; 7100,7108, 7118, 7134 and 7144 Byron Avenue,and 527 71 Street. ANALYSIS Results from the 2019 Resident Survey show that 47% of residents rated perceptions of the City, related to the City's efforts to plan for growth, as very satisfied or satisfied. In order to continue maintaining excellent standards in this area, the City plans to execute a release, termination and abandonment of the easement, on behalf of the City and for the benefit of KGTC LLC. CONCLUSION The Administration recommends approving the Resolution. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Page 189 of 435 Yes No Legislative Tracking Public Works ATTACHMENTS: Description ❑ Corrected Recorded Design Review Order ❑ 19-24217-Model sketch showing both easements ❑ Book 3074 Page 42 easement ❑ Normandy Beach South Plat 21-54 ❑ Reso and termination and release of easement Page 190 of 435 Page 1 of 9 CFN:20190730916 BOOK 31700 PAGE 465 DATE:11/2112019 04:16:23 PM HARVEY RUVIN,CLERK OF COURT,WA-DADE CTY DESIGN REVIEW BOARD City of Miami Beach,Florida MEETING DATE: October 02,2019 FILE NO: DRB19-0407 PROPERTY: 7125-7145 Carlyle Avenue,7100.7144 Byron Avenue and 527 71°' Street APPLICANT: KGTC LLC . LEGAL: See attached"Exhibit A" IN RE: An application has been filed requesting Design Review Approval for the construction of a new multistory mixed-use residential and retail development, including one or more waivers and variances to exceed the maximum allowable encroachment in required yards, to exceed the maximum building height,and to reduce the required setbacks, to replace seven one- and two-story existing buildings. This project Is proposed to take place in two(2)phases as a phased development project CORRECTED ORDER This document is being recorded to correct document number CFN:20190688633, which was recorded on 10124/2019,to correct conditions of approval(page 5). The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT,based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter. I. Design Review A. The Board has jurisdiction pursuant to Section 118-252(a)of the Miami Beach Code. The property is not located within a designated local historic district and is not an Individually designated historic site. B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning .•• Department Staff Report,the project as submitted is Inconsistent with Design Review Criteria 1,2, 3,4,5,8,9,12,and 19 in Section 118-251 of the Miami Beach Code. C_ Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is inconsistent with the Sea Level Rise Criteria 1, 10, 11,and 12 in Section 133-50(a)of the Miami Beach Code. D. The project would be consistent with the criteria and requirements of Section 118-251 and/or Section 133-50(a)if the following conditions are met: 1. The Phased Development plan shall be approved as proposed. Phase I of the project site includes the replacement of all one-and two-story existing buildings, ik Page 191 of 435 • https://onl ineservices.miami-dadeclerk.com/off cialrecords/CFNDetailsHTML5.aspx?QS... 12/27/2019 Page 2 of 9 CFN:20190730916 BOOK 31700 PAGE 466 Page 2 of 9 DRS19-0407-7125.7145 Cartyle Avenue,7100-7144 Byron Avenue end 527 71•Street October 02.2019 except for the existing one-story post office. The phased development approval requires the nonconforming building to be redeveloped into a conforming building. In the event that the Federal Government terminates its lease and relocates the post office, the applicant will submit an application for Phase II to the Design Review Board. 2. Revised elevation, site plan, and floor plan drawings for the proposed new development at 7145 Carlyle shall be submitted, at a minimum, such drawings shall incorporate the following: a. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and shall configured to be as close to the center of the roof as possible and screened from view on all sides, in a • manner to be approved by staff, b. Any future commercial kitchen ventilation shall be chased through the interior of the building to the roof. No exhaust ducts or vents shall be permitted on any building elevations. c. All window frames shall be composed of anodized aluminum frames,the final color selection shall be subject to the review and approval of staff. d. All windows shall consist of clear light grey glass and incorporate the minimum tint required by the energy code, in a manner to be reviewed and approved by staff consistent with the Design Review Criteria and/or the directions from the Board. e. The architect shall further refine and coordinate desigNscreen of the following architectural elements: horizontal louvers between retail and parking, rounded fabric divider, and parking screen into a cohesive well designed architectural feature that evokes MiMo Inspired elements, all of which shall be subject to the review and approval of by staff,consistent with the Design Review Criteria and/or the directions from the Board. • f. The architect shall explore incorporating natural landscape on the ground floor facades of the building. g. The final design details and color selection of the metal perforated panels for the garage screening,including specific varying sizes of the circular design, shall be submitted, in a manner to be reviewed and approved by staff consistent with the Design Review Criteria and/or the directions from the Board. h. The final design details and pattern of the hardscape and exterior walkways shall be suibmittted, in a manner to be reviewed and approved by staff consistent with the Design Review Criteria and/or the directions from the Board. i. Any exterior ground floor exterior handrails and support posts shall incorporate a flat profile. The final design details,dimensions, material and color of all exterior handrails shall be made part of the building permit plans I r. - 1 Page 192 of 435 https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsHTM L5.aspx?QS... 12/27/2019 Page 3 of 9 CFN:20190730916 BOOK 31700 PAGE 467 Page 3 of 9 ORB19-0407---7125-7145 Carlyle Avenue,7100-7144 Byron Avenue and 527 711(Street October 02,2019 and shall be subject to the review and approval of staff consistent with the Design Review Criteria and/or the directions from the Board. j. The final design details of the exterior materials and finishes depicted on sheet A3-06 shall be submitted, in a manner to be reviewed and approved by staff consistent with the Design Review Criteria and/or the directions from the Board. k. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff. I. A copy of all pages of the recorded Final Order shall be scanned into the plans submitted for building permit, and shall be located immediately after the front cover page of the permit plans. m. Prior to the Issuance of a Certificate of Occupancy,the project Architect shall verify,in writing,that the subject project has been constructed In accordance with the plans approved by the Planning Department for Building Permit. 3. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida,and corresponding site plan,shall be submitted to and approved by staff.The species type,quantity,dimensions,spacing,location and overall height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum, such plan shall incorporate the following: a. Prior to the issuance of a building permit,the applicant shall submit a tree protection plan for all trees to be retained on site.Such plan shall be subject to the review and approval of staff,and shall include,but not be limited to a sturdy tree protection fence installed at the dripline of the trees prior to any construction. b. In order to identify, protect and preserve mature trees on site, which are suitable for retention and relocation, a Tree Report prepared by a Certified Tree Arborist shall be submitted for the mature trees on site. c. Any tree identified to be in good overall condition shall be retained, and protected in their current location if they are not in conflict with the proposed home,or they shall be relocated on site, if determined feasible, subject to the review and approval of staff. A tree care and watering plan also prepared by a Certified Arborist shall be submitted prior to the issuance of a Building Permit or Tree RemovaURelocation Permit. Subsequent to any approved relocation,a monthly report prepared by a Certified Arborist shall be provided to staff describing the overall tree performance and adjustments to the maintenance plan in order to ensure survivability,such report shall continue for a period of 18 months unless determined otherwise by staff. d. Existing trees to be retained on site shall be protected from all types of construction disturbance. Root cutting, storage of soil or construction materials, movement of heavy vehicles,change in drainage patterns.and wash of concrete or other materials shall be prohibited. Nri Page 193 of 435 https://onlineseryices.miami-dadeclerk.com/officialrecords/CFNDetailsHTM L5.aspx?QS... 12/27/2019 Page 4 of 9 CFN:20190730916 BOOK 31700 PAGE 466 Page 4 of 9 DRB19-0407-7125-7145 Carlyle Avenue,7100-7144 Byron Avenue and 527 710 Street October 02,2019 e. The proposed and existing trees located within the swale shall be subject to the review and approval of Green Space and CIP. f. Street trees shall be required within the swale at the front and side facing street of the property if not in conflict with existing utilities, in a manner to be reviewed and approved by the Public Works Department g. Any existing plant material within the public right-of-way may be required to be removed,as the discretion of the Public Works Department. h. A fully automatic irrigation system with 100% coverage and an automatic rein sensor in order to render the system inoperative in the event of rain. Right-of-way areas shall also be incorporated as part of the irrigation system. I. The utilization of root barriers and/or Silva Cells, as applicable, shall be clearly delineated on the revised landscape plan. j. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all backflow preventors and all other related devices and fixtures. The location of backflow preventers, Siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans, and shall be subject to the review and approval of staff. k. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms. The location of any exterior transformers and how they are screened with landscape material from the right of wall shall be dearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. I. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect or the project architect shall verify, in writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit In accordance with Section 118-262,the applicant,or the city manager on behalf of the City Administration,or an affected person,Miami Design Preservation League or Dade Heritage Trust may seek review of any order of the Design Review Board by the City Commission. except that orders granting or denying a request for rehearing shall not be reviewed by the Commission, II. Variances) A. The applicant filed an application with the Planning Department for the following variance(s)which were either approved by the Board with modifications,or denied: The following variance was approved by the Board: Page 194 of 435 https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetails HTML5.aspx?QS... 12/27/2019 Page 5 of 9 CFN:20190730916 BOOK 31700 PAGE 469 Page 5 of 9 ORB19-0407-7125-7145 Carlyle Avenue.7100-7144 Byron Avenue and 527 71"Street October 02.2019 1. A variance to exceed by 65%(8'.6")the maximum 25%(2'-6")projection allowed in required yards in order to construct an eyebrow with a projection of up to 90% (9'-01 into the required yards on the east and west sides of the property(below 15'-0"in height as measured from 13.0'NGVD(BFE+5'-0")). 2. A variance to exceed by 75%(3'-9")the maximum 25%(1'-3")projection allowed in required yards in order to construct an eyebrow, with a projection of up to 100%(5'-0')into the required yards on the north side of the property(below 15'- 0"in height as measured from 13.0'NGVD(BFE+S'-0")). 3. A variance to reduce by 4'-5"the minimum setback of 5`-0"in order to construct accessible amenity pool deck and accessible roof deck with parapet including a rooftop trellis with a setback of up to 0'-7`from the north property line facing 72n° Street. A variance to reduce by 5'-8"the minimum setback of 10'-0"in order to construct accessible amenity pool deck and accessible roof deck with parapet with a setback of up to 4'-4"from the east west property line facing Carlyle Avenue. 4. A variance to reduce by 5'-7"the minimum setback of 10'-0`in order to construct accessible amenity pool deck with parapet with a setback of up to 4'-5"from the west east side property line facing ode Byron Avenue. Striket#veugh and underline denote corrected copy. The following variance was withdrawn by the applicant: 5. A variance to exceed by three feet(3'-0")the maximum height of 200'-0"(220'- 0")for a residential tower in order to construct the structure up to 203'-0"(223- 0")within the TCC district. A. The applicant has submitted plans and documents with the application that satisfy Article 1,Section 2 of the Related Special Acts, allowing the granting of a variance if the Board finds that practical difficulties exist with' respect to implementing the proposed project at the subject property. The applicant has submitted plans and documents with the application that also indicate the following,as they relate to the requirements of Section 118-353(d),Miami Beach City Code: That special conditions and circumstances exist which are peculiar to the land. structure,or building involved and which are not applicable to other lands,structures, or buildings in the same zoning district; That the special conditions and circumstances do not result from the action of the applicant; That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands,buildings,or structures in the same zoning district; }} That literal interpretation of the provisions of this Ordinance would deprive the f Page 195 of 435 https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetai 1sHTML5.aspx?QS... 12/27/2019 Page 6 of 9 CFN:20190730916 BOOK 31700 PAGE 470 Page 6 of 9 DRB19-0407-7125.7145 Carlyle Avenue,7100-7144 Byron Avenue and 527 7101 Sheet October 02,2019 applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance and would work unnecessary and undue hardship • on the applicant; That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure; That the granting of the variance will be in harmony with the general intent and purpose of this Ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare;and That the granting of this request is consistent with the comprehensive plan and does not reduce the levels of service as set forth in the plan. The granting of the variance will result in a structure and site that complies with the sea level rise and resiliency review criteria in chapter 133,article II,as applicable. B. The Board hereby Approves the Variance request(s), and imposes the following conditions based on its authority in Section 118-354 of the Miami Beach City Code: 1. Substantial modifications to the plans submitted and approved as part of the application, as determined by the Planning Director or designee,may require the applicant to return to the Board for approval of the modified plans, even if the modifications do not affect variances approved by the Board. 2. If required, the applicant shall obtain a revocable permit from the Public Works Department for the proposed improvements within the public right-of-way,subject to approval of the City Commission,prior to the issuance of a building permit. 3. The architect shall explore relocating the required 10'-0"pedestrian path to be as close to the building as possible away from the street lines,yet not interfere with the clearance,subject to review and approval of staff. The decision of the Board regarding variances shall be final and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. • Ill. General Terms and Conditions applying to both'I.Design Review Approval and'11. Variances'noted above. A. If applicable, private requests for permanent parking space or loading zone removal shall only be allowed for the purpose of creating access to an off-street parking facility • or other vehicular access to the property. Any such request shall be subject to the approval of the Parking Department. If permitted, the fee for the permanent removal of an on-street parking space shall be at the expense of the applicant. B. If required, the applicant shall obtain a revocable permit from the Public Works Department for the proposed street improvements and paving/hardscape designs within the public right-of-way,subject to approval of the City Commission,prior to the issuance of a building permit. Prior to the issuance of a building permit for any work approved by the Design Review Board,as it relates to the subject development project, the applicant shall enter into and record a Maintenance Agreement and Restrictive Page 196 of 435 • https://onl ineservices.miami-dadeclerk.com/officialrecords/CFN Details H TM L5.aspx?Q S... 12/27/2019 Page 7 of 9 CFN:20190730916 BOOK 31700 PAGE 471 Page 7 of 9 DRB19-0407--7125-7145 Carlyle Avenue.7100-7144 Byron Avenue and 527 713'Strout October 02.2019 Covenant running with the land,form approved by the Miami Beach City Attorney,and approved by the Planning Director and Public Works Director, confirming the applicants agreement to design,permit,construct and maintain the proposed sidewalk and paving, in perpetuity, and confirming public access to such sidewalk,in accordance with the conditions herein. The restrictive covenant shall be recorded in the public records,at the expense of the applicant. C. Where one or more parcels are unified for a single development,the property owner shall execute and record a unity of title or a covenant in lieu of unity of title,as may be applicable, in a form acceptable to the City Attorney. D. The applicant intends on satisfying the Public Benefits requirement by virtue of the 'Expedited Development Construction'option detailed in Section 142-747 of the LDRs. In the event Applicant is unable to satisfy the expedited development timeline, Applicant will be required to contribute to the public benefits fund or satisfy one of the other public benefit options detailed in Section 142-747 of the LDRs, E. An easement to the city providing for perpetual public access shall be provided for portions of the Clear Pedestrian Path that fail within the setback area. F. The applicant shall comply with the electric vehicle parking requirements,pursuant to Sec. '130-39 of the City Code. G. A recycling plan shall be provided as part of the submittal for a demolition/building permit to the building department,in a manner to be reviewed and approved by staff. II. In the event Code Compliance receives complaints of unreasonably loud noise from mechanical and/or electrical equipment, and determines the complaints to be valid, even if the equipment is operating pursuant to manufacturer specifications, the applicant shall take such steps to mitigate the noise with noise attenuating materials as reviewed and verified by an acoustic engineer,subject to the review and approval of staff based upon the design review or appropriateness criteria, and/or directions received from the Board. I. If required, the applicant shall obtain a revocable permit from the Public Works Department for the existing parking paving within the public right-of-way, subject to approval of the City Commission,prior to the issuance of a building permit.Prior to the issuance of a building permit for any work approved by the Design Review Board, as it relates to the subject development project,the applicant shall enter into and record • a Maintenance Agreement and Restrictive Covenant running with the land, in a form approved by the Miami Beach City Attorney, and approved by the Planning Director and Public Works Director, confirming the applicant's agreement to design, permit, construct and maintain the proposed parking paving, in perpetuity, and confirming public access to such parking,in accordance with the conditions herein. The restrictive covenant shall be recorded in the public records, at the expense of the applicant. • J. Site plan approval is contingent upon meeting Public School Concurrency requirements. Applicant shall obtain a valid School Concurrency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. The Certificate shall state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be Page 197 of 435 https://onlineservices.miami-dadeclerk.com/officialrecords/CFN Detai 1sH TML5.aspx?QS... 12/27/2019 Page 8 of 9 CFN:20190730915 BOOK 31700 PAGE 472 Page 8of9 DRB19-0407 7125-7145 Carlyle Avenue,7100-7144 Byron Avenue and 527 71e Street October 02,2019 incorporated into a tri-party development agreement and duly executed prior to the issuance of a Building Permit. K. The Public School Concurrency Proportionate Share Mitigation Development Agreement shall be fully executed by all parties and the monetary proportionate share mitigation be paid in full. Furthermore, the applicant must obtain the "Finding`from the School Board prior to the recordation of the Design Review Final Order. L. AU new construction over 7,000 square feet shall be required to be, at a minimum, certified as LEER Gold by USGBC. In lieu of achieving LEED Gold certification, properties can elect to pay a sustainability fee, pursuant to Chapter 133 of the City Code.This fee is set as a percentage of the cost of construction M. A Construction Parking and Traffic Management Plan(CPTMP)shall be approved by the Parking Director pursuant to Chapter 106, Article II, Division 3 of the City Code, prior to the issuance of a Building Permit. N. The final building plans shall meet all other requirements of the Land Development Regulations of the City Code. 0.. The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit P. Satisfaction of all conditions is required for the Planning Department to give its approval on a Certificate of Occupancy; a Temporary Certificate of Occupancy or Partial Certificate of Occupancy may also be conditionally granted Planning Departmental approval. Q. The Final Order is not severable,and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition,and/or it is appropriate to modify the remaining conditions or impose new conditions. R. The conditions of approval herein are binding on the applicant,the property's owners, operators,and all successors in interest and assigns. S. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact,the evidence,information testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations, which were amended and adopted by the Board, that the application is GRANTED for the above-referenced project subject to those certain conditions specified in Paragraph I,II, Ill of the Finding of Fact,to which the applicant has agreed. PROVIDED,the applicant shall build substantially in accordance with the plans,entitled"72nd and Park" as prepared by Arquitectonica, dated signed and sealed August 05, 2019, and as approved by the Design Review Board,as determined by staff. The issuance of the approval does not relieve the applicant from obtaining all other required �` Page 198 of 435 https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsHTML5.aspx?QS... 12/27/2019 Page 9 of 9 CFN.20190730916 BOOK 31700 PAGE 473 Page 9 of 9 DRB19.0407 7125-7145 Carlyle Avenue.7100.7144 Byron Avenue and 527 71y1 Street October 02.2019 Municipal, County andlor State reviews arid permits,including final zoning approval. If adequate handicapped access is not provided on the Board approved plans, this approval does not mean that such handicapped access is not required. When requesting Building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen(18)months of the meeting date at which the original approval was granted, the application will expire and become null end void, unless the applicant makes an application to the Board for an extension of time, in accordance with the requirements and procedures of Chapter 118 of the City Code,the granting of any such extension of time shall be at the discretion of the Board.If the Full Building Permit for the project shall expire for any reason(including but not limited to construction not commencing and continuing,with required inspections, in accordance with the applicable Building Code), the application will expire and become null and void. In accordance with Chapter 118 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the application to Chapter 118 of the City Code,for revocation or modifi tion of the application. i Dated this ll�C ' day of p .2O/ DESIGN REVIEW BOARD THE CITY OF MIAMI BEACH, FI,.9RIDA -� ^) , Y � �j .2.11 • ,, ✓ ? ^ OEM. F OF URBAN DESIGN/ FOR THE CHAIR / STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this _ day of A,( /17f 20L9 by James G. Murphy, Chief of Urban Design, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the . Corporation.He is personally known to me. I'vsy 0!. -."."'''•'S:'=', . '.,;'.s•o...,j NOTARY PUBLIC ` `` Miami-Dade County,Florid My commission expires: 14 20 Approved As To Form: City Attorney's Office: Lt VL t J� ( 1 1 1 b42•4 iCi ) • a • Filed with the Clerk of the Design Review Board on,. �!i.a 'I` i•-• A '1 (i If,a f/\ i ) r. ; � • J 6� ij . 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' .: i : .;, lialrl ' i •-• . ) Ift Qre . , • likk `•;}' NORhIA/VDYBEAChr SCUM .wwr oivcY 6C.0.'•4ItCLW IM i ,,,:.f.,,---,-.:-.:-...-..•:...: -„,:..,7,i7,4.42.i 7.-.:.1.:.7.-2-.. - _ - _ •- __ - :.. ._. �j�r•: . . , }... rn .. ,. ..f _.... -.. .�. ....._� �.� _+.-..._. • . ---- V.�"' .ate- • • Page 203 of 435 https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsHTMLS.aspx?QS=... 12/8/2019 This instrument prepared by or under the supervision of (and after recording should be returned to): Name: Ethan B.Wasserman,Esq. Address: Greenberg Traurig,P.A. 333 SE 2 Avenue,4400 Miami,Florida 33131 TERMINATION AND RELEASE OF EASEMENT THIS TERMINATION AND RELEASE OF EASEMENT is made and entered into as of the day of , 2020, by and between KGTC, LLC, a Florida limited liability company(the"Owner"), owner of the properties located at 527 71' Street; 7125, 7135 and 7145 Carlyle Avenue; and 7100, 7108, 7118, 7134 and 7144 Byron Avenue, Miami Beach, FL (collectively, the "Property") as described in Exhibit "A" attached hereto, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida(the"City"). WHEREAS, there is a certain 10-foot easement running in the East/West direction of the northern 10 feet of Lots 5 and 8 located at the Property (the "Easement"), more specifically described in Exhibit"B"; WHEREAS, that certain Easement was entered in favor of the City and recorded on November 2, 1948 in Deed Book 3074, at Page 42 of the Public Records of Miami-Dade County, attached as Exhibit"B"; WHEREAS, the Easement is composed of electrical and water facilities and is located within an area of the Property; WHEREAS, Owner's application for the redevelopment of the Property into a multistory mixed-use development ("Development") has been approved, subject to the terms and conditions set forth in the City's Corrected Design Review Board Order,recorded in O.R.Book 31700, at Page 465,of the Public Records of Miami-Dade County; and WHEREAS, Owner has requested that the City terminate the Easement and has agreed to convey to the City any replacement easements on the Development, which the City Manager deems necessary;and WHEREAS, pursuant to Resolution No. , the City is authorized to terminate and release the Easement and the City Manager is authorized to accept replacement easement rights on the Development;and WHEREAS, Owner shall be responsible for the relocation, removal,recording in public records, and any and all associated costs relating to the termination and/or replacement of the Easement; and EXHIBIT"1" Page 206 of 435 MM 186195292v1 Termination and Release of Easement Page 2 of 6 NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The Easement is hereby fully canceled, terminated, extinguished and released and shall have no further force or effect and shall no longer bind the property set forth therein. 3. Owner and the City of Miami hereby direct the Clerk of the Court, Miami-Dade County, Florida to cancel the same of record. [Signatures on Following Page] Page 207 of 435 Termination and Release of Easement Page 3 of 6 Signed,witnessed,executed and acknowledged on this day of 2020. WITNESSES: CITY OF MIAMI BEACH: Signature Signature Print Name Print Name of Authorized Representative Signature Title/Position Print Name STATE OF ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization, this _ day of , 2020 by as an authorized representative of the City of Miami Beach. He/she is personally known to me or produced as identification and did not take an oath. Notary: [NOTARIAL SEAL] Print Name: NOTARY PUBLIC, STATE OF My commission expires Approved as to form &language& for execution: City Attorney Date Page 208 of 435 Termination and Release of Easement Page 4 of 6 Signed,witnessed, executed and acknowledged on this day of 2020. WITNESSES: OWNER: Signature Individual Signature Matis N. Cohen Print Name Print Name KGTC , LLC Signature Name of Corporate Entity Print Name Position with Corporate Entity(Pres.,VP, CEO) STATE OF ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization, this _ day of , 2020 by Matis N. Cohen as of KGTC, LLC., a Florida limited liability company, on behalf of the company. He/she is personally known to me or produced as identification and did not take an oath. Notary: [NOTARIAL SEAL] Print Name: NOTARY PUBLIC, STATE OF My commission expires Page 209 of 435 Termination and Release of Easement Page 5 of 6 Exhibit"A" Legal Description of Property Parcel 1: Lots 4, 5, 6, 7 and 8, of Block 5 of NORMANDY BEACH SOUTH, according to the Plat thereof. as recorded in Plat Book 21, at Page 54, Public Records of Miami-Dade County, Florida. Parcel 2: Lots 1,2, 9, 10, 11 and 12,of Block 5,of NORMANDY BEACH SOUTH, according to the Plat thereof, as recorded in Plat Book 21, at Page 54,Public Records of Miami-Dade County, Florida. Parcel 3: Lot 3 of Block 5 of NORMANDY BEACH SOUTH,according to the Plat thereof as recorded in Plat Book 21, at Page 54, of the Public Records of Miami-Dade County, Florida. • Page 210 of 435 Termination and Release of Easement Page 6 of 6 Exhibit "B" Recorded Easement Page 211 of 435 epos 3074 4?. A K.1FF.Y.t . i TY.; • sid•• ..,1 . . i , (:—.0.71ki.,,, 11 ;•.—r,1 f•vc! L •- • •ItP : . •: . .. pf.;;•;;;f• ' irsule.!1 se s 1.y :1 -r!t"lc;. vo.'f•ri r_j14"..• 1• r,..:•1'.; • : • Tr- 7er, i ) Go t s c•A' oc-.1'. C •1 -0••• j.•:i ..etr:c.:.0•C; l . f 'tt- 1.,‘,-yrnof .11 , of •ir! : :••.1(1-• „ I-r I r; si".:er : I- t• • ;E.", !: 171 I: • • :!' "1.!n[..:"? .; 7., fi :y 1 . .") I%••". 1. - , /• L1 /-• • 1_ _ • • •'• • . • • ;H. • Page 212 of 435 yie• (._ e ' Page 213 of 435