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Resolution 2020-31269 RESOLUTION NO. 2020-31269 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B), FINDING THAT THE CRITERIA SET FORTH IN SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, AND APPROVING A REVOCABLE PERMIT REQUEST BY TD BANK, N.A., (THE "APPLICANT") FOR THE PROPERTY LOCATED AT 1570 ALTON ROAD (THE "PROPERTY") TO ALLOW THE INSTALLATION OF A PARKING SIGN CONTAINING A SURFACE AREA OF APPROXIMATELY 4.5 SQUARE FEET, EXTENDING INTO THE RIGHT OF WAY 2 FEET AND APPROXIMATELY 14 FEET ABOVE GRADE; TO ALLOW THE EXISTING EYEBROW ABOVE THE FIRST FLOOR APPROXIMATELY 14.5 FEET ABOVE GRADE AND AN UPPER BALCONY AREA APPROXIMATELY 28.7 FEET ABOVE GRADE EXTENDING INTO THE RIGHT OF WAY APPROXIMATELY 7 FEET; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. WHEREAS, TD Bank, N.A. (the "Applicant") and The Sterling Building, Inc. (the "Owner"), are requesting a revocable permit for the property located at 1570 Alton Road (the "Property")to allow the installation of a parking sign and an existing eyebrow; and WHEREAS, the parking sign contains a surface area of approximately 4.5 square feet, extending into the right of way 2 feet and approximately 14 feet above grade; and WHEREAS, the existing eyebrow above the first floor is approximately 14.5 feet above grade and an upper balcony area approximately 28.7 feet above grade extending into the right of way approximately 7 feet; and WHEREAS, this property, located at 1570 Alton Road, is described as: the East 80 feet of Lots 3 and 4, Block 66, Commercial Subdivision, according to the Plat thereof as recorded in Plat Book 6, Page 5, of the Public Records of Miami-Dade County, Florida; and WHEREAS, the provided parking for the building is located at the rear of the Property, and can only be accessed from 16th Street (behind the building); and WHEREAS, basic signage is an essential component for a bank operation in the area; and WHEREAS, the Applicant's permit request complies with the Design Review Board (DRB) order in DRB File No. 19-0396, as the scope of the DRB approval included new signage to reflect the TD Bank use, and to retrofit the space as clearly identifiable for such use; and WHEREAS, pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing; and WHEREAS, pursuant to Section 82-94 of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied following the public hearing; and WHEREAS, Public Works has analyzed the criteria contained in Sections 82-94; a summary of the Public Works Department's review and recommendation to grant the revocable permit request is set forth in the Commission Memorandum accompanying this Resolution,which Memorandum is incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, following a duly noticed Public Hearing, as required pursuant to Section 82-93(b), finding that the criteria set forth in section 82-94 of the City Code has been satisfied, and approving a revocable permit request by TD Bank, N.A., (the "Applicant")for the property located at 1570 Alton Road (the"Property")to allow the installation of a parking sign containing a surface area of approximately 4.5 square feet, extending into the right of way 2 feet and approximately 14 feet above grade; to allow the existing eyebrow above the first floor approximately 14.5 feet above grade and an upper balcony area approximately 28.7 feet above grade extending into the right of way approximately 7 feet; and authorizing the Mayor and the City Clerk to execute the revocable permit. PASSED and ADOPTED this 13 day of 1 , 2020. 7Art3?%;, N GELBER, MAYOR ATTEST: / : �� y 'i* INCORP ORATED; * / 1 �' e Z ROVED AS TO RAFAEL E. GRANA • CITY CLE T, H 26>k -' FOR ' r LANGUAGE ""•'" ?EXECUTION �-- C �a ity Attorney bate Resolutions - R7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 13, 2020 • 9:50 a.m. Public Hearing SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B), FINDING THAT THE CRITERIA SET FORTH IN SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, AND APPROVING A REVOCABLE PERMIT REQUEST BY TD BANK, N.A., (THE "APPLICANT") FOR THE PROPERTY LOCATED AT 1570 ALTON ROAD (THE "PROPERTY") TO ALLOW THE INSTALLATION OF A PARKING SIGN CONTAINING A SURFACE AREA OF APPROXIMATELY 4.5 SQUARE FEET, EXTENDING INTO THE RIGHT OF WAY 2 FEET AND APPROXIMATELY 14 FEET ABOVE GRADE; TO ALLOW THE EXISTING EYEBROW ABOVE THE FIRST FLOOR APPROXIMATELY 14.5 FEET ABOVE GRADE AND AN UPPER BALCONY AREA APPROXIMATELY 28.7 FEET ABOVE GRADE EXTENDING INTO THE RIGHT OF WAY APPROXIMATELY 7 FEET; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY TD Bank, N.A. (the Applicant) and The Sterling Building, Inc. (the "owner"), are requesting a revocable permit for the installation of a parking sign containing a surface area of approximately 4.5 square feet, extending into the right of way 2 feet and approximately 14 feet above grade; to allow the existing eyebrow above the first floor approximately 14.5 feet above grade and an upper balcony area approximately 28.7 feet above grade extending into the right of way approximately 7 feet. This property is described as: The East 80 feet of Lots 3 and 4, Block 66, Commercial Subdivision, according to the Plat thereof as recorded in Plat Book 6, Page, 5, of the Pubic Records of Miami-Dade County, Florida. Pursuant to DRB19-0396, the Property was approved for modifications to the signage and façade features of the existing structure to accommodate the change of use for a TD Bank. The previous use on the leased space of the property was Starbucks. The scope of the DRB Page 666 of 865 approval included new signage to reflect the TD Bank and to retrofit the space as clearly identifiable for such use. The design of this building is urban in character and thus compatible with pedestrian activity. As such, the provided parking for the structure is located on the rear of the Property behind the structure and can only be accessed behind the building from 16th Street. A signage is an essential component for a bank use in the area. Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing. Public Works has analyzed the criteria contained in Sections 82-94. Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria: • The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to provide necessary signage for the identification of parking for the retail structure and to allow the existing eyebrow above the first floor approximately 14.5 feet above grade and an upper balcony. Given the fact that the structure is existing and designed in an urban capacity fronting the right-of-way, the parking is not readily identifiable. But, the bank use on the Property will have a need to provide parking, and thus it is essential that this small sign clearly demarcate that the parking associated with the banking use is accessible from 16th Street. The success of any business relies, in part, on providing signage that is clearly visible and identifiable. The Property is also located in an area where vehicular traffic is prominent. Therefore, visible signage is critical. The proposed signage complies with all City regulations and provides the necessary visibility to make this a successful site. • The Applicant holds title to an abutting property. The Owner is jointly the Applicant for the revocable permit and holds title to the Property. • The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The proposed parking blade sign will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the DRB approval. The Applicant has requested a revocable permit to ensure that encroachment of the existing signs complies with the applicable regulations. • The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to improve the Property with the approved design and use. The encroachments will be installed at an appropriate height, allowing Page 667 of 865 for a minimum clearance of 14'1", which permits free pedestrian passage below the signage and does not obstruct the right-of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on the property. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed encroachment will allow for the use of the Property as approved by the DRB. Additionally,the Applicant is providing key public benefits through the provision of parking on the Property to complement the structure that is compatible with pedestrianism and an urban environment. The approved development will make better use of the Property and improve the pedestrian experience of the neighborhood. • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. • That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood, while providing more guided flow of traffic as patrons of the building will have a clear understanding of the parking. During the review of the revocable permit application, it was revealed that an existing eyebrow was also encroaching into the right of way which had not been permitted. Public Works requested that the applicant include all encroachments in this permit request. At its February 12, 2020 meeting of the City Commission, the City Clerk read the title of the revocable permit request into the record and placed the item as opened and continued to March 18, 2020. The City is still waiting for additional information for the application to be complete. ANALYSIS Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City. In order to continue maintaining excellent standards in this area, the City intends to allow the installation of a parking sign over the public right-of-way. Page 668 of 865 CONCLUSION The Administration recommends approving the Resolution. Is this a "Residents Right Does this item utilize G.O. to Know" item; pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works ATTACHMENTS: Description ❑ Application - 1570 Alton Road o Renderings- 1570 Alton Road o LOI Revocable Permit 1570 Alton Road 12.9.2019 ❑ REVISED sketch and Legal 041620 o Title Commitment- 1570 Alton Rd o Ad o UPDATED Insurance Certificate ❑ DRAFT reso Page 669 of 865 CITY OF MIAMI BEACH APPLICATION FOR REVOCABLE PERMIT FILE NO: • DATE: 1. NAME OF APPLICANT: TD Bank 2. APPLICANT'S ADDRESS: 1035 N. Miami Avenue, Suite 201 Miami, FL 33136 3_ APPLICANT'S BUSINESS TELEPHONE: RESIDENCE TELEPHONE: 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: 1570 Alton Road Legal Description: See Exhibit A 5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANTS PROPERTY ABUTTING SUBJECT CITY PROPERTY: 1570 Alton Road Legal Description: See Exhibit A 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES NO X IF SO, WHEN: FILE NO. OF PREVIOUS REQUEST: 7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT: Pursuant to DRB Order No. DRB19-0396,the City approved design modifications for a TD Bank at the existing structure located at 1570 Alton Road. The facade modifications included a new blade sign of 4 square feet in size located 14 feet above ground level and extending one foot into the abutting right-of-way to indicate where the parking is located for the site F:\WORKISALL\{I)EMPLOYEE FOLd)ERS\CAREY OSBOURNE\Revocable_PermitslRevocable permit form\RevocablePemutForm.doc Page 1 of 3 Page 670 of 865 8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES ON THE SUBJECT PROPERTY? YES X NO IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: The proposed blade sign will be 4 square feet in size and affixed to the northern front of the property to indicate where parking is located on site. The sign will extend 2 feet into the abutting sidewalk right-of-way along 15th street at a height of approximately 14 feet. 9. NAME OF CONTRACTOR: — ___ ADDRESS: BUSINESS TELEPHONE: SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION (SECTION 82-92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED. IT IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE SUBJECT CITY PROPERTY. ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES. ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES A PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY. F:\WORK\SALL\(l)EMPLOYEE FOLDERS\CAREY OSBOURNE\Rcvocable_Permits\Rcvocable permit fonn\RevocablePermitForm.doc Page 2 of 3 Page 671 of 865 FILE NO. THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS:------------ ------------------------------------------, DDRESS:--------_ ---. ___-^__ -- __--__---__-___________-__-____-__ , MIAMI BEACH, FL. INSTRUCTIONS: COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT,AS APPLICABLE,ALSO,IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST,COMPLETE THE LAST AFFIDAVIT. OWNER AFFIDAVIT I, Sam Herzberg,The Sterling Building ,being first duly sworn,depose a • ..y that I am the owner of the property described herein and which is the subject matter of the proposed hearing: that the . ers to the questions in this application and all supplemental data attached to arldirriade,gpart of the application are ho - ' and true to t - best of my knowledge and belief. c` :csl�;,}'•• (` %; ►�,RRY G P Sworn to and subscribed to before me - -.vY rnE 73% ` o°oti�� 200 ,^ r SIGNATURE this ,3 day of C , t9 2019 ': B L I C : :, N O T A R Y 17.S ' 96y9 ,;' PUBLIC NOTARY PUBLIC �`<«,�������` %�le '9p''•......oF �`+'�lon Expires: *********************rtr,r:,t******.....************** ************** *-int*****i muttW**eat*** ** s,*InI tir************** CORPORATION AFFIDAVIT l' ,being duly sworn,depose and say that we are the PresidentNice President,and Secretary/Ass't. Secretary of the aforesaid corporation,and as such, have been authorized by the corporation to file this application for public hearing; that all answers to the questions in said application and all supplemental data attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner of the property described herein and which is the subject matter of the proposed hearing. PRESIDENT'S SIGNATURE(CORP. SEAL) ATTEST: SECRETARY'S SIGNATURE Sworn to and subscribed to before me this day of , 19 NOTARY PUBLIC Commission Expires: OWNER/POWER OF ATTORNEY AFFIDAVIT I, Sam Herzberg, The Sterling Building ,being duly swor de nose and say that I am owner of the described real property and that I am aware of the nature and effect of the request •r thi revocable permit, relative to my property,which is hereby made by me or I am hereby authorized Bercow Radell F:ma dez& Larkin, PLLC to be my legal representative before the City Commission. ACP"- OWNER'S SIGNATURE Sworn to and subscribed c to before me ' this 3 day of t F , 49 '�01�. ,soteitYG0 '' g �ssioN • c�`�s. OT PUB IC j. NOTARY mt .� y` = Commission Expires: PUBLIC , � ,F OF FL sG `%� F:IWORKASALL\(I)EMPLOYEE FOLDERS\CAREY OSBOURNE\Revti6tibi•UPFtA;us\Revocable permit form\Revo ablePermitForm.doc Page 3 of 3 Page 672 of 865 EXHIBIT A This property described as: The East 80 feet of Lots 3 and 4, Block 66, COMMERCIAL SUBDIVISION, according to the Plat thereof as recorded in Plat Book 6, Page 5, of the Public Records of Miami-Dade County, Florida. Address: 1570 Alton Road, Miami Beach, FL 33139 Folio # 02-3234-018-0520 Page 673 of 865 .. . . _ „ ... - .., .. • . 4". '..,.• 1 ,. -,,,.,,,t,,,,, ,4,",...,,it,,,Itt,,,,:s.,..„.„,.7., ., _,.. '.:k.,,,.., . :.., ', ,..„ ,. .....r-Ock-,^.. . -,,tyL)„.^.,4:a.....04,;;;A . . ' •' '..r',. . Lk, f.."-.'$,:::'^".0-'',0,14-v,,,."•,':.'elTi-'-''.'..":-.'' ..,0_,,,,;:, .„'.,:,,I;.?,•„,`.*.;:s , ..hi.s.4.,...^.'"Ai.',.;."- '. • ^ . 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L-fJ`ERPRiE REi;i..,,,rL-rc CONTEXT LOCATION PLAN ARCHITECTURE+DESIGN 1S70 AL'ON,,OA..) HIDA-tal..CKA3l.l.Slur.PEf:NIT-DEC,roLt I;3,:on 1 _ ... .. ... .. ,.. "'..... ....... _...._. _ _,. _... ..... _... ....._,. _..._.,. ._._, a ..,.. ,,. n,...w4.,1 i _ I \ LEGEND .." 1. Firestone HHfl 2. McDonalds i BUILDING N` 3. Dunkin Donuts �I LOCATION ��� 4. AT&T 5. Bodega Taqueria y Tequila �' �� 6. Sherwin Williams Paint 5. Bo ---. [ ‘-\% 7. UPS Store / 5 r4 8. Sally Beauty Salon IA 9. Eco Deco Pet Hospital ;i 6 3 13 a 10. Abbey Brewing Company yANON ROAD 1 11. FedEx Office I ALTON ROAD ASTON ROAD —i 12. Lincoln Center I 9 8 7 1 I 2 11 1 13. Wells Fargo t 1 I 12 I II i 14. Colony Theatre 10 f1 ‘ % IIIVICIEVAQIIII / \-. /— 14 /1 I 0. I.\ t // \ C se\se ... age675or88 - .. — — fleverbetterplaces 2 SITE PLAN • ENIE T'CITL REALESTATE. ARCHITECTURE+DESIGIGN ', 1570 At TON ROAD,,LORIDA-REVCCAB.L SIGN?ERLAI'-GLCEMBLR 3,2C_9 w .1 PARKING SIGN n ON ) O I J :OTA I_ 1.4 v RfL. ONE STORY.8LP_ LR=M I_015 3$4 %I � RIW.r- ` 1OO.U0 (RIC \ ,I •_ P. 11 Thc2 Hicz, r'I n �I1 • 1 -oc 1inn1 5 1 ' - -! SZFG. PAR4t1 C S�iaCr �.id" .t� U I Q] Cr) 45PEE1.PAR INIG• u l 1i c� �. Cal 1 s O. C.B. �,Es. Y3 r. o q.jTrt . b 1 s- Gad 8 35' u3 21,25' ` LA 15.IO' 27.00' X, —, D D3 C� ` to g' 4.9 4.95' r L U, ONE S� Y TD BANK n i I � BUILDR'.' 1,r-1510 1,689 S.F. 1 I 35 0. r.) J6.6r t_171, ` i —�" r X1.15' i-8 c j 0 4.6 -'a 4.9 1.0 d !+ 17.0 ,0 av P/L. In i _ 5.75 a, �--_ SS-C0I(RIM). PDi4A6'L• \� it r0}L 1 i 'w 8.3' ., 'K I�1 1 � .ON PA-. E,}' Pr1R1<NlA1" Pl FN a. ;. . �C `'' �,= Eii88 A 59'ASPM. PAY. ROAD", A LT N ... . ROAD. r ® P-age'676'ofB6 #teverbetterplaces - 3 SIGN DETAILS FFIIPRfS'E :E,�LLSSIG[ ARCRCHITECTURE+DESIGN 1570 ALTON ROAD,FLO-RDA-REVO:Y9LE SIG,.PERMIT-DECEM ER 3,2019 0. '. ."T''''' v,,...4 r4.,,' ,".7.17'• t^'44' ; .�-0t w a. r,,, ,W. 4 t�)us S,teuSuP y.Ma»,'"�4n"•Gr.n.°i. .�r,r. �.�I l „w�, ;t i Y a' °"•,--*'.1',., mE �.:�I pr .r r, n i a .. e ' w . p ,, 1 2 - - --- - - — PArtielk I" I i �Iliftsdaaftmaim NA ,.6.' � t+ 24 Y I „A f ;rk lit 4 ..r 92— !I I 1:_•27:"- i ---•:":,_,„....----' ,� 1 1. 1 I 24 1 L i 1! C 1 .25- r 18.947" - Imo ' " NOTE:ALL DIMENSIONS ARE IN INCHES Page 677ofesb tteverbetterplaces 4 BC.RCOW RADELL FcRNAN DcZ LARKIN ZONING, LAND USE: ANC. l=NVIRONMCENTAL LAW DIRECT LINE:(305)377-6233 E-Mail: GFontela@BRZoningLaw.com VIA HAND DELIVERY &EMAIL December 9, 2019 Roy Coley, Director Public Works Department City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 Re: Letter of Intent for Revocable Permit Application for 1570 Alton Road, Miami Beach, FL Dear Roy: This law firm represents TD Bank,N.A. (the "Applicant") and The Sterling Building, Inc. (the "Owner") with regards to the captioned property (the "Property"). The Applicant is the lessee for a portion of the Property, and is seeking approval, along with the Owner, of a Revocable Permit to permit the encroachment of a projecting blade sign to encroach over the City's right-of-way. The Owner has consented to the Application as the signatory of the Revocable Permit application. This request is in compliance with development approval granted by the Design Review Board ("DRB") on September 16, 2019. See Exhibit A, DRB19-0396. Property Description. The Property, which is identified by Miami-Dade Tax Folio No. 02-3234-018-0520, is located at the southwest corner of Alton Road and 16th Street. The Property is located within the CD-2 zoning district. The one- story commercial structure on the Property was built in 1998 and is approximately 4,107 square feet in size. Approved Development. Pursuant to DRB19-0396, the Property was approved for modifications to the signage and facade features of the existing Page 678 of 865 Roy Coley, Director December 9,2019 Page 2 of 4 structure to accommodate the change of use for a TD Bank. The previous use on the leased space of the Property was a Starbucks. The scope of the DRB approval included new signage to reflect the TD Bank and to retrofit the space as clearly identifiable for such use. The existing structure on the Property is up against the property line to the north and east,thus fronting the public right-of-way (sidewalk and street). The design of this building is urban in character and thus compatible with pedestrian activity. As such,the provided parking for the structure is located on the rear of the Property behind the structure and can only be accessed behind the building from 16th Street. This design makes it increasingly important to have signage that identifies the parking,as accessible parking is an essential component for a bank use in the area. As such, the approved DRB design includes a blade sign of 4 square feet attached to the building frontage along 16th Street to identify the parking for the building. The approved signage is located just above ground level, where it extends two (2) feet beyond the property line into the right-of-way above the sidewalk. Accordingly, the Applicant seeks a Revocable Permit in accordance with Section 82-94 of the Code to allow this minor encroachment for the approved parking sign. Satisfaction of the Revocable Permit Criteria. The City Code provides the ability to obtain a revocable permit for encroachments into the public rights of way. The Applicant satisfies the revocable permit criteria stated in Section 82-94 of the City Code as follows: • The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to provide necessary signage for the identification of parking for the retail structure. Given the fact that the structure is existing and designed in an urban capacity fronting the right-of-way,the parking is not readily identifiable. But,the bank use on the Property will have a need to provide parking, and thus it is essential that this small sign clearly demarcate that the parking associated with the banking use is accessible from 16th Street. The success of any business relies, in part, on providing signage that is clearly visible and identifiable. The Property is also located in an area where vehicular traffic is prominent. Therefore, visible signage is critical. The proposed signage complies with all City regulations and provides the necessary visibility to make this a successful site. • The Applicant holds title to an abutting property. Page 679 of 865 Roy Coley, Director December 9, 2019 Page 3 of 4 The Owner is jointly the Applicant for the revocable permit and holds title to the Property. • The proposed improvements will comply with applicable codes, ordinances,regulations,neighborhood plans and laws. The proposed parking blade sign will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the DRB approval. The Applicant has requested a revocable permit to ensure that encroachment of the existing signs complies with the applicable regulations. • The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to improve the Property with the approved design and use. The encroachments will be installed at an appropriate height, allowing for a minimum clearance of 14'1", which permits free pedestrian passage below the signage and does not obstruct the right- of-way. The encroachment will have no adverse effect on governmental/utility easements and uses on the property. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed encroachment will allow for the use of the Property as approved by the DRB. Additionally, the Applicant is providing key public benefits through the provision of parking on the Property to complement the structure that is compatible with pedestrianism and an urban environment. The approved development will make better use of the Property and improve the pedestrian experience of the neighborhood. • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City of Miami Beach can apply for a revocable permit provided that the application meets the criteria stated in the Page 680 of 865 Roy Coley, Director December 9,2019 Page 4 of 4 Code, does not interfere with the utilization of public property, and enhances the community. • That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood,or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood, while providing more guided flow of traffic as patrons of the building will have a clear understanding of the parking. Conclusion. The approval of this revocable permit application is necessary to successfully operate the TD Bank at the Property. We respectfully request your recommendation of approval for the revocable permit to allow the DRB approved use and design to be carried out. We believe that the granting of the revocable permit is compatible with the City's requirements and will ultimately result in a great improvement to the Property and the surrounding area. As always,we look forward to your favorable review. Should you have any questions,please do not hesitate to contact me at: (305) 377-6233. Sincerely, U(d'/. ' Greg Fontela Attachments Page 681 of 865 EXHIBIT A Page 682 of 865 CFN:20190617243 BOOK 31631 PAGE 1918 • DATE:10/02/2019 03:50:47 PM HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY DESIGN REVIEW BOARD City of Miami Beach, Florida MEETING DATE: September 16, 2019 FILE NO: DRB19-0396 PROPERTY: 1570 Alton Road APPLICANT: TD Bank NA LEGAL: The East 80 feet of Lots 3 and 4 of Block 66 of the "Commercial Subdivision", According to the Plat thereof, as Recorded in Plat Book 6, Page 5, of the Public Records of Miami-Dade County, Florida. IN RE: The Application for Design Review Approval for exterior alterations to an existing one-story building including new signage and modifications to the facade and a variance to exceed the maximum sign area for projecting signs. ORDER 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, 6, 9 in 12 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 not applicable with Sea Level Rise Criteria 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. Revised elevation, site plan and image drawings for the proposed signage program located at 1570 Alton Road shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: a. The TD Bank three-faced cube sign shall be approved as proposed. +} Page 683 of 865 CFN:20190617243 BOOK 31631 PAGE 1919 Page 2of5 DRB19-0396-1570 Alton Road September 16,2019 b. The proposed night deposit wall shall be approved as proposed. c. The proposed green neon/LED exterior lighting tubes along the upper levels of the canopy shall be approved as proposed. d. The final details of all exterior surface finishes and materials, including samples, 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. e. 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. f. 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. 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. Variance(s) • A. The applicant filed an application with the Planning Department for the following variance(s): The following variance(s)was Approved by the Board: 1. A variance to exceed by 25.3 21 SF the maximum area of 15 SF for a projecting sign in order to allow the installation of one, three-sided projecting sign at the corner of the building with a total of/10.3 36 SF. B. The applicants have submitted plans and documents with the application that do 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 applicants have submitted plans and documents with the application that also do 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; I r Page 684 of 865 Vii" CFN:20190617243 BOOK 31631 PAGE 1920 Page 3 of 5 DRB19-0396-1570 Alton Road September 16,2019 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 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. C. 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. A revocable permit may be required for the installation of signs located in the public right-of-way. 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. III. General Terms and Conditions applying to both 'I. Design Review Approval and 'II. Variances'noted above. • A. 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. B. The applicant shall comply with the electric vehicle parking requirements, pursuant to Sec. 130-39 of the City Code. 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 final building plans shall meet all other requirements of the Land Development Regulations of the City Code. `.Page 685 of 865 CFN:20190617243 BOOK 31631 PAGE 1921 Page 4 of 5 DRB19-0396----1570 Alton Road September 16,2019 E. The Supplemental Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. F. 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. G. 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. H. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. I. 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 DENIED 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 "1570 Alton Road", as prepared by Enterprise Real Estate, dated July 08, 2019, and as approved by the Design Review Board, as determined by staff. When requesting a 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 of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of the approval does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and 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 and 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. I, . , Page 686 of 865 CFN: 20190617243 BOOK 31631 PAGE 1922 Page 5 of 5 DRB19-0396-1570 Alton Road September 16,2019 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 modification of the application. • Dated this „---7 day of --_; .14,1/e/2 , 20 f . DESIGN REVIEW BOARD THE CITY OF MIAMI BEACH, FLORIDA • .ma/y f ; F,. ./. /49/ f r JAM G. M`CIRPHY j% ,CHIEF OF URBAN DESIG.N;>' 4'FOR THE CHAIR } ;` • STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this :I, day of 1'IF 20by 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. WIWAM BLACI4AR IV{ MY COMMISSION#G6308052 �I R t'j`!' i�J.,.SCk,N;RA'f �y. j,ICEXPIRES:MAR 05,2023 NOTARY PUBLIC •at„VBand&d through 1st Slate Insurance • . Miami-Dade County, Florida • My commission expires: 1,14,r% P Approved As To Form: 1, N ', 1 t!1 , �r r , r• City Attorney's Office: t�1. f '%i%.. - , ( �`�(r,)c,�t) ) Filed with the Clerk of the Design Review Board o efAit) ( 1 i ) 0.— k;\ rt1 Page 687 of 865 • �., ' SKETCH TO ACCOMPANY LEGAL DESCRIPTION • OVERHEAD PARKING SIGN EASEMENT • /� 16th STREET _ _ N88 0 ._ _______ — V N88'01'39"E 1.50' OVERHEAD P.O.C. N PARKING 3-n1 N.W. _ SIGN ") I I CORNER, o o EASEMENT I LOT 4, N8801'39"E "-i BLOCK 11106• Southerly I A ``_ Right—of—Way Line r----- �/ sou o l" C FF' q4 O \ I "i Existing C.B.S. / \ 2 IG c in ;� Building / Q NQ�Ioa CO No. 1570 \ I Lot 4, Block 66 _ "Commercial Subdivision" , O.'__Ar_ — — Plat Book 6, Page 5 — // 0 2' 4' 6' 8'10' 15' 20' LEGEND: ,m - - — CENTERLINE .— - __ C.B.S. — CONCRETE BLOCK STRUCTURE SCALE 1"=10' P.O.C. — POINT OF COMMENCEMENT P.O.B. — POINT OF BEGINNING S0 NOTES: 1. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N88'01'39"E ALONG THE CENTERLINE OF 16th STREET 2. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 3. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 4. PREPARED FOR: THE CITY OF MIAMI BEACH .., V EN jO. THE SEAL APPEARING ON THIS DOCUMENT WAS \ ....... . 64 `'° Q- ; E/\;::•• 1/61 61 SHEET 1 OF 2 SHEETS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775 :• .- c� o, AR4 REVISIONS& �� a ,. , LAND SURVEYORS-ENGINEERS-LAND PLANNERS - 3240 10G73PORATE WA MIRAMAR.! Fl 33025 PHONE No.(954)435-7010 FAX No. (95?{14S8-32 4 TE OF QMCADigitally r signed ORDER NO. PREPARED (1NG R',4fY,cSUPERVISI P. S y 211831 T. :i Johnson �pYcP f1 �� Johnson Date:2020.04.16 DATE: APR►L 15, 2020 J(P1/U�L •. , �y ad _ 15.».12 01'00' THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN 1LiFr�i(S(� Pl�l C13?,4 ;`"` CERTIFICATE OF AUTHORIZATION No. LB-87 Pag& Ct# SIONAL,`1, D�5 1WOR No. 4775 K:\345342\COMMERCIAL SUB\BLOCK 66\SKETCH LEGAL\DWG\LOTS 3 & 4—RW ENCR ESMTS 20200414.DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION OVERHEAD PARKING SIGN EASEMENT LEGAL DESCRIPTION: OVERHEAD PARKING SIGN EASEMENT A PARCEL OF LAND LYING NORTHERLY OF AND ADJACENT TO LOT 4, BLOCK 66, "COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6 AT PAGE 5, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID PARCEL OF LAND LYING AND BEING IN THE SOUTHWEST ONE—QUARTER (1/4) OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 4, BLOCK 66; THENCE RUN ALONG THE NORTH BOUNDARY LINE OF SAID LOT 4, BLOCK 66, SAID LINE ALSO BEING THE SOUTHERLY RIGHT—OF—WAY LINE OF 16th STREET, NORTH 88'01'39" EAST FOR A DISTANCE OF 111.06 FEET TO A POINT ON THE EXTERIOR BUILDING FACE OF THE NORTHERLY C.B.S. WALL OF No.1570 ALTON ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED OVERHEAD PARKING SIGN EASEMENT; THENCE RUN AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE NORTH 01'58'21" WEST FOR A DISTANCE OF 3.00 FEET TO A POINT; THENCE RUN ALONG A LINE 3.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH BOUNDARY LINE OF SAID BLOCK 66, NORTH 88'01'39" EAST FOR A DISTANCE OF 1.50 FEET TO A POINT; THENCE RUN AT RIGHT ANGLES TO THE LAST AND NEXT DESCRIBED COURSES SOUTH 01'58'21" EAST FOR A DISTANCE OF 3.00 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF SAID BLOCK 66; THENCE RUN ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 66, SAID LINE ALSO BEING THE EXTERIOR BUILDING FACE OF THE NORTHERLY C.B.S. WALL OF No.1570 ALTON ROAD, SOUTH 88'01'39" WEST FOR A DISTANCE OF 1.50 FEET TO THE POINT OF BEGINNING. SAID EASEMENT LYING AT AND ABOVE A HORIZONTAL PLANE AT ELEVATION 14.40 FEET AND BELOW A HORIZONTAL PLANE AT ELEVATION 17.60 FEET, NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). THE OVERHEAD PARKING SIGN EASEMENT DESCRIBED HEREON CONTAINS 4.5 SQUARE FEET, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N88'01'39"E ALONG THE CENTERLINE OF 16th STREET. 2. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 3. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE EN TI TY (EN TI TIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 4. PREPARED FOR: THE CITY OF MIAMI BEACH. 5. BENCHMARK IS CITY OF MIAMI BEACH "1611, MAG NAIL & WASHER ON TOP OF CURB AT THE S.W. CORNER OF 16TH STREET AND ALTON ROAD. ELEVATION=2.52 NAVD88. 0V ENj THE SEAL APPEARING ON THIS DOCUMENT WAS =' --7 ............ '9' AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775 F- ••°\G ENS°';tiry SHEET 2 OF 2 SHEETS R� .� F O rs ; �= REVISIONS LAND SURVEYORS—ENGINEERS—LAND PLANNERS — 3240;CORP*)RATE WAS-MIRAMAR,; 33025 PHONE No.(954)435-7010 FAX No. (95�F148-30$1 rE OF Q M� Digitally signed byMarkS ORDER NO. 211831 PREPARED f1�Npl/SSR°'MY<SUPERRRVIS�l;& :° bhrso� DATE: APRIL 15, 2020 ��Lr7�14G J"GEl en,•''p tS911TA\4 v"..°, Johns() Date: THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN'il0 r'I SQ�� PILI caL,><, n 1s•Ag•1n-mmnn' CERTIFICATE OF AUTHORIZATION No. LB-87 Page.; CIi SIONAL,,IYN : 1eVEYOR No. 4775 K.•\345342\COMMERCIAL SUB\BLOCK 66\SKETCH L£GAL\DWG\LOTS 3 & 4-RW ENCR ESMTS 20200414.DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION CANOPIES AND METAL SIGN FASCIA EASEMENT 1� 16th STREET € N88'01 "E __ — V `" CANOPIES AND w ' en METAL SIGN D=44'11'27" P.O.C. 03 0. A I FASCIA EASEMENT L=8.35' N.W. rn ea tl o C:3 a, - z , „ I CH.B.=S69'52'37 E CORNER, z.- . l� N88'0139 E 13.43 CH.D.=8.14' LOT 4, Southerly BLOCK Right-of-Waj_` 132± SQUARE FEET, Line `► ', 2.10' _IV_ g 5' N88'0 l'39"E ir----- 125.79' r /88'0139"W , �, North Line, lilt - Q, p N88'0139 E Block 66 r o Lo I k+4l o P Q N tri ��Q 1 `l 0 o Existing C.B.S. D=89'52'31" = I / Building53' —:g.1\4_7 CH.B.=N4T02b5"W No, 1570 CH.D.=21.19 / I 0 Lot 4, Block 66 "Commercial Subdivision" �o Plat Book 6, Page 5 ! LEGEND: 8 4 i P 0 2' 4' 6' 8'10' 15' 20' - CENTERLINE C.B.S. - CONCRETE BLOCK & STUCCO mi mms s P.O.C. - POINT OF COMMENCEMENT SCALE 1"=1 0' P.O.B. - POINT OF BEGINNING R - RADIUS D - INTERIOR ANGLE s L - ARC LENGTH CH.B. - CHORD BEARING , CH.D. - CHORD DISTANCE NOTES: 1. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N88'01'39"E ALONG THE CENTERLINE OF 16th STREET. 2. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 3. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 4. PREPARED FOR: THE CITY OF MIAMI BEACH. 5. BENCHMARK IS CITY OF MIAMI BEACH "16A", MAG NAIL & WASHER ON TOP OF CURB AT THE S.W. CORNER OF 16TH STREET AND ALTON ROAD. ELEVATION=2.52 NAVD88. 6. SEE SHEET 2 OF 2 SHEETS FOR LEGAL DESCRIPTION. '':.,, ,.�\FV EN Jo THE SEAL APPEARING ON THIS DOCUMENT WAS ,-' ,k_ .. . ., AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775 - 4 ' \ E hrS(y s! - SHEET 1 OF 2 SHEETS S - S & ;e tiles REVISIONS LAND SURVEYORS-ENGINEERS-LAND PLANNERS - 3240=CI? PPRATE WAS` MIRAMAR,! I 33025 PHONE No.(954)435-7010 FAX No. (9.551,43.8-325-0TEOF 9 21 1831 ,, q- Digitally signed ORDER NO. PREPARED UNf�hR 1IY,ts PERVIS10P Mark S - '- 'k S DATE: APRIL 15, 2020 ,.- illi // �pl� !f �Q�'� a0 Johnson dliC14IG ALAP1E7'L.'�'�6Caealri jUi1115�jRaate mtU.wt.ib THIS IS NOT A " BOUNDARY SURVEY' MARK STEVEN'J6 ��/S N PRI Al r — 15:3&24-04'00' Oc stn > �.,,;��; CERTIFlCATE OF AUTHORIZATION No. LB-87 PagEL;. .'1 ont3EssI0NAL,;LnN1'S� /EYOR No. 4775 K:\345342\COMMERCL4L SUB`BLOCK 66\SKETCH LEGAL\DWG\LOTS 3 & 4-RW ENCR ESMTS 20200414.DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION CANOPIES AND METAL SIGN FASCIA EASEMENT LEGAL DESCRIPTION: CANOPIES AND METAL SIGN FASCIA EASEMENT A PARCEL OF LAND LYING NORTHERLY AND WESTERLY OF AND ADJACENT TO LOT 4, BLOCK 66, "COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6 AT PAGE 5, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID PARCEL OF LAND LYING AND BEING IN THE SOUTHWEST ONE—QUARTER (1/4) OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: l COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 4, BLOCK 66; THENCE RUN ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 66, SAID LINE ALSO BEING THE SOUTHERLY RIGHT—OF—WAY LINE OF 16th STREET NORTH 88'01'39" EAST FOR A DISTANCE OF 125.79 FEET TO A POINT ON THE EXTERIOR BUILDING FACE OF THE NORTHERLY C.B.S. WALL OF No.1570 ALTON ROAD, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CANOPIES AND METAL SIGN FASCIA EASEMENT,. THENCE RUN AT RIGHT ANGLES TO THE LAST AND NEXT DESCRIBED COURSES NORTH 01'58'21" WEST FOR A DISTANCE OF 1.13 FEET TO A POINT; THENCE RUN ALONG A LINE 1.13 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH BOUNDARY LINE OF SAID BLOCK 66 AND THE SOUTHERLY RIGHT—OF—WAY LINE OF 16th STREET, NORTH 88'01'39" EAST FOR A DISTANCE OF 1.14 FEET TO A POINT; THENCE RUN AT RIGHT ANGLES TO THE LAST AND NEXT DESCRIBED COURSES NORTH 01'58'21" WEST FOR A DISTANCE OF 3.06 FEET TO A POINT ON A LINE 4.19 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH BOUNDARY LINE OF SAID BLOCK 66 AND WE SOUTHERLY RIGHT—OF—WAY LINE OF 16th STREET; THENCE RUN ALONG THE LAST DESCRIBED COURSE NORTH 88'01'39" EAST FOR A DISTANCE OF 13.43 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 10.83 FEET, A CENTRAL ANGLE OF 44'11'27" A CHORD DISTANCE OF 8.14 FEET ALONG A CHORD BEARING OF SOUTH 69'52'37" EAST, FOR AN ARC DISTANCE OF 8.35 FEET TO A POINT ON A LINE 1.13 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH BOUNDARY LINE OF SAID BLOCK 66 AND THE SOUTHERLY RIGHT—OF—WAY LINE OF 16th STREET; THENCE RUN ALONG THE LAST DESCRIBED COURSE NORTH 88'01'39" EAST FOR A DISTANCE OF 2.10 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY BOUNDARY LINE OF SAID BLOCK 66, SAID LINE ALSO BEING THE NORTHERLY EXTENSION OF THE WESTERLY RIGHT—OF—WAY LINE OF ALTON ROAD; THENCE RUN ALONG THE LAST DESCRIBED COURSE SOUTH 02'05'49" EAST FOR A DISTANCE OF 16.09 FEET TO A POINT OF CUSP WITH A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89'52'31", A CHORD DISTANCE OF 21.19 FEET ALONG A CHORD BEARING OF NORTH 4702'05" WEST, FOR AN ARC DISTANCE OF 23.53 FEET TO A POINT OF TANGENCY (SAID LAST COURSE BEING COINCIDENT WITH THE BOUNDARY LINE OF SAID BLOCK 66); THENCE RUN ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 66, SAID LINE ALSO BEING THE EXTERIOR BUILDING FACE OF THE NORTHERLY C.B.S. WALL OF No.1570 ALTON ROAD, SOUTH 88'01'39" WEST FOR A DISTANCE OF 9.25 FEET TO THE POINT OF BEGINNING. SAID EASEMENT LYING AT AND ABOVE A HORIZONTAL PLANE AT ELEVATION 14.50 FEET AND BELOW A HORIZONTAL PLANE AT ELEVATION 28.70 FEET, NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). THE CANOPIES AND METAL SIGN FASCIA EASEMENT DESCRIBED HEREON CONTAINS 132 SQUARE FEET, MORE OR LESS. NOTES: SEE SHEET 2 OF 2 SHEETS FOR SKETCH TO ACCOMPANY LEGAL DESCR(I TION. THE SEAL APPEARING ON THIS DOCUMENT WAS ' AUTHORIZED BY MARK STEVEN JOHNSON, P.S M. 4775 GEN 0 SHEET 2 OF 2 SHEETS — J� & 1441.45'' ; a4,05,tsio REVISIONS LAND SURVEYORS-ENGINEERS-LAND PLANNERS - 3240 C IFORATE WAI�MIR_AMAR,a f 33025 PHONE No.(954)435-7010 FAX No. (s5�t,4 8-3 84 TE OF ;' �n__k C _Digitally signed by --�� ORDER Na 211831 PREPARED UNDER°A JY/SSJPERV/SIQI:• . ?7�IST Jo Mark 5 hnson APRIL 15, 2020 //// // ��ppyJ' �-y l Johnso Date: DATE: ✓LL�I�i J�lI�L 'p�Q4'Z�tlt'l.rr .�,. 20207074.16THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN'JoilkS0111 PRI cq?4>_ ` ❑—_ 7:238:43 0 '00' CERTIFICATE OF AUTHORIZATION No. LB-87 Pagge934CORBESSIONAL, 5yRVEYDR No. 4775 K.'\345342`COMMERCIAL SUB\BLOCK 66\SKETCH LEGAL\DWG\LOTS 3 & 4-RW ENCR ESMTS 20200414.DWG OChicago Title Insurance Company Transaction Identification Data for reference only: Gunster, Yoakley & Stewart, P.A. 450 E. Las Olas Blvd., Suite 1400 Ft. Lauderdale, FL 33301 ALTA Universal ID: LOAN ID Number: Issuing Office File Number: 28831.00211 Order No.: 7557712 Property Address: 1570 Alton Road Miami Beach, FL 331393344 Revision Number: 3 - September 26, 2019 Chicago Title Insurance Company SCHEDULE A AMERICAN LAND TITLE ASSOCIATION COMMITMENT 1. Commitment Date: 09/04/2019 at: 11:00 PM • 2. Policy or Policies to be issued: A. ALTA Owners 2006 with Florida Modifications Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owneridentified at item 4 below Proposed Amount of Insurance: $10,000.00 B. ALTA Loan 2006 with Florida Modifications Proposed Insured: TB Bank Proposed Amount of Insurance: $10,000.00 3. The estate or interest in the Land described or referred to in this Commitment is (Identify estate covered, i.e., fee, leasehold, etc): Fee Simple • 4. Title to the Fee Simple estate or interest in the land is at the Commitment Date vested in: The Sterling Building, Inc., a Florida corporation 5. The Land is described as follows in Exhibit"A" attached hereto and made part hereof. Countersigned: BY: Authorized Officer or Agent This page is only a part of a 2016 ALTA Commitment for Title Insurance.This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I- 1 of 7 Requirements;and Schedule B,Part II-Exceptions C165C09 PagelLfnent(8/1/2016)(with FL Modifications) 7557712 ()Chicago Title Insurance Company Order Number28831.00211 SCHEDULE B SECTION I REQUIREMENTS AMERICAN LAND TITLE ASSOCIATION COMMITMENT The following requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. A. Duly executed Warranty Deed from The Sterling Building, Inc., a Florida corporation, Grantor, to Purchaser with contractual rights under a purchase agreement with the vested owner identified at item 4 below, Grantee, conveying the land described on Schedule A hereof. Together with proof that The Sterling Building, Inc., a Florida corporation is currently in good standing under the laws of the State of Florida. If the current transaction involves: (i) the disposition of substantially all of a corporation's property or assets; (ii) the conveyance of corporate property to an officer, director or agent who is also a signatory; (iii) conveyance of property for minimum consideration; or (iv) the execution of documents incident to the transaction by a person other than the president, chief executive officer or any vice-president with a corporate seal, then a recordable resolution of the corporation's Board of Directors, Shareholders and/or Members must be obtained. B. Mortgage from Purchaser with contractual rights under a purchase agreement with the vested owner identified at item 4 below to TB Bank. 5. Proof of payment of any outstanding assessments in favor of Miami-Dade County, Florida, any special taxing district and any municipality. NOTE: If this requirement is not satisfied the following exception will appear on Schedule B: Any outstanding assessments in favor of Miami-Dade County, Florida, any special taxing district and any municipality. 6. Proof of payment of service charges for water, sewer, waste and gas, if any, through the date of closing. NOTE: If this requirement is not met the following exception will appear on Schedule B: Any lien provided for by Florida Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer, waste or gas system supplying the insured land or service facilities. 7. Satisfaction of the Mortgage and Security Agreement dated March 25, 2002, recorded in Official Records Book 20306, Page 826, as modified by that certain Modification and Extension of Mortgage dated May 25, 2004 and recorded in Official Records Book 22406, Page 2417, as modified by that certain Modification of Mortgage dated December 16, 2004 and recorded in Official Records Book 22928, Page 348, as modified by that certain Modification of Loan Documents and Notice of Future Advance Agreement dated March 11, 2008 and recorded in Official Records Book 26340, Page 4760, and as further modified by that certain Mortgage Modification Agreement dated March 1, 2011 and This page is only a part of a 2016 ALTA Commitment for Title Insurance.This Commitment is not valid without the Notice; the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and 2 of 7 Schedule B,Part II-Exceptions C156C09 PageliRefii865ent(8/1/2016)(with FL Modifications) O Chicago Title Insurance Company Order Number: 7557712 28831.00211 SCHEDULE B SECTION I Requirements continued recorded in Official Records Book 27606, Page 4181, as further modified by that Mortgage Modification Agreement dated July 24, 2015 and recorded in Official Records Book 29720, Page 4575, together with the release of that certain Absolute Assignment of Lessor's Interest in Leases and Rents dated as of March 25, 2002 from Mortgagor in favor of Mortgagee recorded in Official Records Book 20306, Page 834, in the Public Records of Miami-Dade County, Florida. Note: The original promissory note secured by the above described mortgage must be produced and cancelled and if this is an equity line mortgage, in addition to satisfying the mortgage, the equity line must be closed and terminated prior to closing. 8. Satisfaction of the Mortgage and Assignment of Rents dated December 16, 2004 and recorded in Official Records Book 22928, Page 337, as modified by that certain Modification of Loan Documents dated as of March 11, 2008 and recorded in Official Records Book 26340, Page 4770, as modified by that certain Mortgage Modification and Future Advance Agreement dated March 1, 2011 and recorded in Official Records Book 27606, Page 4205, as modified by that certain Mortgage Modification, Notice of Future Advance and Partial Release Agreement dated as of July 24, 2015 and recorded in Official Records Book 29735, Page 713, and as further modified by that certain Mortgage Modification Agreement and Notice of Future Advance dated February 28, 2018 and recorded in Official Records Book 30890, Page 3543, and as further modified by that Mortgage Modification Agreement and Notice of Future Advance, dated April 28, 2018 and recorded May 8, 2018 in Official Records Book 30970, Page 1110, together with the release of that certain Absolute Assignment of Lessor's Interest in Leases and Rents dated as of December 16, 2004 from Mortgagor in favor of Mortgagee recorded in Official Records Book 22928, Page 352, and in Official Records Book 23293, Page 963, in the Public Records of Miami-Dade County, Florida. Note: The original promissory note secured by the above described mortgage must be produced and cancelled and if this is an equity line mortgage, in addition to satisfying the mortgage, the equity line must be closed and terminated prior to closing. 9. Intentionally deleted. 10.Issuing agent must obtain from the Company or perform themselves a title update three (3) business days prior to closing, to verify that no adverse matters or defects appear in the public records. 11.An Affidavit in form acceptable to Chicago Title Insurance Company ("Company") and executed by or on behalf of the current record owner(s) of the subject property stating that: (A) there are no parties in possession of the subject property other than said current record owner(s); (B) there are no encumbrances upon the subject property other than as may be set forth in this Commitment; (C) there are no unrecorded assessments which are due and payable and; (D) there have been no improvements made to or upon the subject property within the last ninety (90) day period for which there remain any outstanding and unpaid bills for labor, materials or supplies for which a lien or liens may be claimed must be furnished to the Company, or, in lieu thereof, an exception to those matters set forth in said Affidavit which are inconsistent with or deviate from the foregoing requirements will appear in the policy or policies to be issued pursuant to this Commitment. 12.For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this Commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this Commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. 13.The Proposed Policy Amount(s) must be disclosed to the Company, and subject to approval by the Company, entered as the Proposed Policy Amount. An owner's policy should reflect the purchase price This page is only a part of a 2016 ALTA Commitment for Title Insurance.This Commitment is not valid without the Notice; the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and 3 of 7 Schedule B,Part II-Exceptions C165C09 Pageg6140liai6nent(8/1/2016)(with FL Modifications) Order Number: 7557712 Q Chicago Title Insurance Company 28831.00211 SCHEDULE B SECTION I Requirements continued or full value of the Land. A loan policy should reflect the loan amount or value of the property as collateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. Note: Taxes for the year 2018 under Folio No. 02 3234 018 0520 appear as PAID. END OF SCHEDULE B SECTION I This page is only a part of a 2016 ALTA Commitment for Title Insurance.This Commitment is not valid without the Notice; the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and 4 of 7 Schedule B,Part II-Exceptions C165C09 Pageg605cDfaS5nent(8/1/2016)(with FL Modifications) O Chicago Title Insurance Company Order No.: 7557712 28831.00211 SCHEDULE B SECTION II EXCEPTIONS AMERICAN LAND TITLE ASSOCIATION COMMITMENT THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this form. 2. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 3. Standard Exceptions: A. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. B. Rights or claims of parties in possession not shown by the public records. C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law andnot shown by the public records. D. Taxes or assessments which are not shown as existing liens in the public records. 4. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 5. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of Commercial Subdivision of the Alton Beach Realty Company, recorded in Plat Book 6, Page 5, of the Public Records of Miami-Dade County, Florida. 6. Memorandum of Lease and Notice Pursuant to Sec. 713.10, Florida Statutes recorded July 15, 2019 in Official Records Book 31522, Page 3388. NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. NOTE: Exception 1 above shall be deemed deleted as of the time the settlement funds or proceeds of the loan to be secured by the insured mortgage, as applicable, are disbursed by the Company or its authorized agent. Neither the Company nor its agent shall, however, be under any duty to disburse any sum except upon a determination that no such adverse intervening matters have appeared of record or occurred. This page is only a part of a 2016 ALTA Commitment for Title Insurance.This Commitment is not valid without the Notice; the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and 5 of 7 Schedule B,Part II-Exceptions C165C09 ALTA Commitment(8/1/2016)(with FL Modifications) Page 696 of 865 • O Chicago Title Insurance Company Order No.: 7500211 28831.00211 SCHEDULE B SECTION II EXCEPTIONS AMERICAN LAND TITLE ASSOCIATION COMMITMENT NOTES ON STANDARD EXCEPTIONS: Item 3A will be deleted from the policy(ies) upon receipt of an accurate survey of the Land acceptable to the Company. Exception will be made for any encroachment, setback line violation, overlap, boundary line dispute or other adverse matter disclosed by the survey. Items 3B, 3C, and 3D will be deleted from the policy(ies) upon receipt of an affidavit acceptable to the Company, affirming that, except as disclosed therein (i) no parties in possession of the Land exist other than the record owner(s); (ii) no improvements have been made to the Land within 90 days prior to closing which have not have been paid for in full; and (iii) no unpaid taxes or assessments are against the Land which are not shown as existing liens in the public records. Exception will be made for matters disclosed in the affidavit. NOTE: All recording references in this form shall refer to the public records of Miami-Dade County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting Chicago Title Insurance Company, 13800 NW 14th Street Suite 190, Sunrise, FL 33323; Telephone 954-217-1744. Searched By: Leslie Chassman-Smith, Esq. END OF SCHEDULE B SECTION II • This page is only a part of a 2016 ALTA Commitment for Title Insurance.This Commitment is not valid without the Notice; the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and 6 of 7 Schedule B,Part II-Exceptions C165C09 ALTA Commitment(8/1/2016)(with FL Modifications) Page 697 of 865 ()Chicago Title Insurance Company Order No.: 7.00212 28831.00211 EXHIBIT "A" Lot 3 and 4, less the West 70 feet thereof, Block 66, COMMERCIAL SUBDIVISION of the ALTON BEACH REALTY COMPANY, according to the map or plat thereof, as recorded in Plat Book 6, Page 5, of the Public Records of Miami - Dade County, Florida. • This page is only a part of a 2016 ALTA Commitment for Title Insurance.This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule of 7 B,Part I-Requirements;and Schedule B,Part II-Exceptions C165C09 ALTA CommitnRa98/69610f(8.65FL Modifications) ! I NEIGHBORS I� izn MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING FEBRUARY 12, 2020 NOTICE IS HEREBY given that the following public hearing will be heard by the Mayor and City Commissioners of the City of Miami Beach,Florida, in the Commission Chamber, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 12, 2020,at the time listed below,or as soon thereafter as the matter can be heard: 3:30 p.m.Public Hearing A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-93,OF THE CITY CODE,TO CONSIDER APPROVING A REVOCABLE PERMIT REQUEST FOR TD BANK, NA.("THE APPLICANT'),LOCATED AT 1570 ALTON ROAD, IN ORDER TO ALLOW THE INSTALLATION OF A PARKING SIGN, 24" X 24", AND 6.5" WIDE, WHICH SIGN SHALL PROJECT APPROXIMATELY 24" OVER THE PUBLIC RIGHT-OF-WAY, AND APPROXIMATELY 14.1 FEET ABOVE GRADE. This Resolution is being heard pursuant to §166.041 F.S. Inquiries may be directed to the Public Works Department at 305.673.7080. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive,1"'Floor,City Hall,Miami Beach,Florida 33139.Copies of this item are available for public inspection during normal business hours in the Office of the City Clerk,1700 Convention Center Drive,1"Floor,City Hall, Miami Beach,Florida 33139.This meeting, or any item herein, may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711 (Florida Relay Service). Rafael E.Granado,City Clerk City of Miami Beach Ad No.02122020-10 • Page 699 of 865 " r ® A 0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYY1) 1/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CNAAMME: Certificates/Commercial Lines Wallace Welch&Willingham, Inc. PHONE FAX 300 1st Ave.So., 5th Floor (A/C.No.Ext):727-522-7777 (NC,No):727-521-2902 Saint Petersburg FL 33701 a DN°Re Dss: certificates@w3ins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Ins.Co. 19488 INSURED ATLASIG-02 INSURER B:Amerisure Mutual Ins.Co. 23396 Atlas Signs Holdings Inc Atlas Signs Industries of NC LLC INSURER C: North River Ins.Co. 21105 1077 West Blue Heron Blvd INSURER D: West Palm Beach FL 33404 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:508496693 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY EXP wLIMITS LTR INSD VD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y GL20993020601 1/1/2020 1/1/2021 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES a occurrence) S 100,000 MED EXP(Any one person) $5,000 X Contractual liab PERSONAL&ADV INJURY 51,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $2,000,000 X POLICY X TEE- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: S A AUTOMOBILE LIABILITY Y CA20847390701 1/1/2020 1/1/2021 Ca MaBdEDINGLELIMIT 51,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) pip $10,000 C X UMBRELLA LIAR X OCCUR 5811118362 1/1/2020 1/1/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$n $ A WORKERS COMPENSATION WC20847380901 1/1/2020 1/1/2021 X PER A AND EMPLOYERS'LIABILITY STATUTE OTH- ER B YIN WC20848370901 1/1/2020 1/1/2021 ANYPROPRIETOR/PARTNERIEXECUTIVEN WC21071150302 1/1/2020 1/1/2021' E.L.EACH ACCIDENT S 500,000 OFFICER/MEMBEREXCLUDED? NIA (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Sohedule,may be attached if more space is required) TD Bank,Miami,FL City of Miami Beach is additional insured as respects to the General Liability if required by written contract,subject to terms,conditions,and exclusions of the policy. City of Miami Beach is additional insured with respect to Auto Liability if required by written contract,subject to terms,conditions,and exclusions of the policy. 30 days'notice of cancellation will be furnished to the Certificate Holder,except for nonpayment of premium,in which case ten days of notice will be given. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 1700 Convention Center Drive AUTHORIZED REPRESENTATIVE Miami Beach FL 33139 i4 UY�I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) ,The ACORD name aria o7 P Atitg.ed marks of ACORD Atlas Signs Holdings Inc. Policy#CA20847390701 Effective 1/1/2020 to 1/1/2021 4. Loss Payment—Physical Damage 5. Other Insurance Coverages a. For any "auto"covered n n yOU own, this At our option, we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered"auto"you don't stolen property; own, the insurance provided by this Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a "trailer" is the"auto"from the theft;or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the"trailer"is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own;or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered"auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered"auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident"or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the"insured"or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same basis, either excess or primary, we will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact a. The estimated premium for this Coverage concerning: Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began.We b. The covered"auto"; will compute the final premium due when c. Your interest in the covered"auto"; or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the balance, if any. The due date for the final If we revise this Coverage Form to provide premium or retrospective premium is the more coverage without additional premium date shown as the due date on the bill. If charge, your policy will automatically provide the estimated total premium exceeds the the additional coverage as of the day the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee—Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 1013 ©InsurancP8v7SsQi , Inc.,2011 Page 9of 12 Atlas Signs Holdings Inc. Policy#CA20847390701 Effective 1/1/2020 to 1/1/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is$ $450.00 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS -CANCELLATION, Paragraph A.2.is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION II-LIABILITY COVERAGE A.1.WHO IS AN INSURED is amended by the addition of the following: d. Any organization you'newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to"accidents"or"loss"that occurred before you acquired or formed the organization;and (3) Coverage does not apply to an organization that is an"insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any"employee"of yours using: (1) A covered"auto"you do not own,hire or borrow,or a covered"auto"not owned by the"employee"or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs; or (2) An"auto"hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)while using a covered"auto" rented from you or from any member of the"employee's"household. • f. Your members, if you are a limited liability company,while using a covered"auto"you do not own,hire, or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit,to provide insurance such as is afforded under this policy,but only with respect to your covered"autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the"bodily injury" or"property damage"; Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 702 of 865 Page 1 of 6 (2) To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of"autos"unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The"auto"is leased without a driver;and (c) The lease had not expired. Leased "autos"covered under this provision will be considered covered"autos"you own and not covered "autos"you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50% of the voting stock on the effective date of this endorsement. This provision does not apply to"bodily injury"or"property damage" for which an"insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION II-LIABILITY COVERAGE,A.2.a.Supplementary Payments,paragraphs (2)and(4)are deleted and replaced with the following: (2) Up to$2500 for the cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured" at our request,including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II-LIABILITY COVERAGE,B.EXCLUSIONS,paragraph 5.FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured" arising out of and in the course of the fellow "employee's"employment or while performing duties related to the conduct of your business. However,this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use of a covered"auto"you own, hire or borrow. Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If any of your owned covered"autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees"hire or borrow, under your name or the"employee's" name, for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the Declarations, Item Three, Schedule of Covered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS,paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered"auto"; (2) Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto"; or Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 6 Page 703 of 865 CA 71 71 05 08 (3) Collision,only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However,the most we will pay for any expenses for loss of use is$30 per day,to a maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5.b.Other Insurance is deleted and replaced bythe following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: 1. Any covered"auto"you lease,hire, rent or borrow;and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto", nor is any"auto"you hire from any of your"employees", partners(if you are a partnership), members(if you are a limited liability company),or members of their households. 6. LOAN OR LEASE GAP COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE, the following is added: If a.covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay,in the event of a covered total"loss",any unpaid amount due on the lease or loan for a covered"auto", less: (a) The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance,Health,Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor; and (5) Carry-over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,paragraph 4.Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered"loss". We will pay only for those covered"autos"for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending, regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"loss". This coverage is in addition to the otherwise applicable coverage you have on a covered"auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 704 of 865 Page 3 of 6 8. AIRBAG COVERAGE SECTION III-PHYSICAL DAMAGE,B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear,freezing,mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts,punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage, no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2. DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS, paragraph a.is deleted and replaced by the following:, a. You must see to it that we are notified as soon as practicable of an"accident",claim,"suit"or"loss". Knowledge of an"accident",claim,"suit"or"loss" by your"employees"shall not,in itself,constitute knowledge to you unless one of your partners, executive officers, directors,managers, or members(if you are a limited liability company)has knowledge of the"accident",claim,"suit"or"loss".Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However, if the insured has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 Page 705 of 865 CA 71 71 05 08 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto": Limit of Insurance Deductible $500 $250 A. Coverage 1. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered"auto"at the time of the"loss"or the equipment is removable from a housing unit that is permanently installed in the covered"auto"at the time of"loss",and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system,in or upon the covered"auto". 2. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any accessories used with the electronic equipment described in paragraph A.1.above. However,this does not include tapes,records or discs. B. Exclusions For purposes of this provision 14,the exclusions that apply to Physical Damage Coverage,except for the exclusion relating to Audio,Visual and Data Electronic Equipment,also apply to coverage provided by this endorsement. In addition,the following exclusions apply: We will not pay,under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered"auto"or the monitoring of the covered"auto's" operating system;or 2. Both: a. An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered"auto"; and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment,whether permanently installed or temporarily mounted in or on the covered"auto". C. Limit of Insurance With respect to coverage under provision 14.of this endorsement,the Limit of Insurance provision of Physical Damage Coverage is replaced by the following: 1. The most we will pay for all"loss"to audio,visual or data electronic equipment and any accessories used with this equipment, as described in paragraph A.above, as a result of any one"accident",is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss";or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality;or c. The amount shown in the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 706 of 865 Page 5 of 6 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the"loss". 3. If a repair or replacement results in better than like kind or quality,we will not pay for the amount of betterment. D. Deductible 1. If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A.above, is the result of a"loss"to the covered"auto"under this Coverage Form's Comprehensive or Collision Coverage,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"to audio,visual or data electronic equipment caused by fire or lightning. 2. If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment,as described in.paragraph A.above, is the result of a"loss"to the covered"auto"under this Coverage Form's Specified Causes of Loss Coverage,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 3. If"loss"occurs solely to the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A.above,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. In the event that there is more than one applicable deductible,only the highest deductible will apply. In no event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, is void if CA 99 60,Audio,Visual And Data Electronic Equipment Coverage, is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 6 Page 707 of 865 CA 71 71 05 08 Atlas Signs Holdings Inc Policy#GL20993020601 • Effective 1/1/2020 to 1/1/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANTAGE BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated below. SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization, called an additional insured in this endorsement: 1. Whom you are required to add as an additional insured on this policy under a written contract or agreement relating to your business; or 2. Who is named as an additional insured under this policy on a certificate of insurance. However, the written contract, agreement or certificate of insurance must require additional insured status for a time period during the term of this policy; and be executed prior to the"bodily injury", "property damage", "personal injury", or"advertising injury"giving rise to a claim under this policy. If, however, "your work"was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. 3. If the additional insured is: (a) An individual,their spouse is also an additional insured. (b) A partnership or joint venture, members, partners, and their spouses are also additional insureds. (c) A limited liability company, members and managers are also additional insureds. (d) An organization other than a partnership,joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: (a) Premises you own, rent, lease, or occupy, or • (b) Your ongoing operations performed for that additional insured, unless the written contract agreement, or certificate of insurance requires"your work"coverage (or wording to the same effect) in which case the coverage provided shall extend to"your work"for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc. 2004 CG71241205 Page 708 of 865 Page 1 of 2 Ongoing operations, as respects this provision, does not apply to "bodily injury"or"property damage" occurring after: (1) All work including materials, parts or equipment furnished in connection with such work on the project (other then service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional insured status also apply to such Umbrella policy, the limits of insurance applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a lease or rental agreement nor beyond the term of this policy. 4. This endorsement does not apply to vendors of"your products"or any person or organization included as an insured under the provisions of Section II—WHO IS AN INSURED in the COMMERCIAL GENERAL LIABILITY FORM or in the BROADENED WHO IS AN INSURED provision of the ADVANTAGE GENERAL LIABILITY EXTENSION ENDORSEMENT if attached to this policy. The insurance provided to the additional insured does not apply to"bodily injury", "property damage", "personal injury", or"advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and 2. Supervisory, inspection, or engineering services. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the following provisions: Condition 4.Other Insurance is deleted and replaced with the following: 4. Other Insurance. This insurance is excess over any other insurance whether primary, excess, contingent or on any other basis, unless the written contract, agreement, or certificate of insurance requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc. 2004 Page 2 of 2 Page 709 of 865 CG 71 24 12 05