Resolution 94-21079 RESOLUTION NO. 94-21079
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING
AN EXCLUSIVE AIR RIGHTS EASEMENT AND A NON-
EXCLUSIVE EASEMENT FOR ACCESS AND MAINTENANCE,
BOTH ON THE PUBLIC RIGHTS-OF-WAY ON THE
PERIMETER OF THE COBB REDEVELOPMENT PROJECT,
BLOCKS 78, 80 AND 53, OCEAN BEACH ADDITION NO.
3, PLAT BOOK 2, PAGE 81, PUBLIC RECORDS OF
DADE COUNTY, FLORIDA. •
WHEREAS, the City of Miami Beach (the "City") owns and maintains
certain public rights-of-way surrounding the perimeter of the Cobb
Redevelopment Project Area, Blocks 78, 80 and 53 , OCEAN BEACH
ADDITION NO. 3 , according to the Plat thereof, as recorded in Plat
Book 2, at Page 81, of the Public Records of Dade County, Florida
(together with all vacated streets, alleyways and other rights-of-
way, the "Redevelopment Project") ; and
WHEREAS, the developer of the Project, Cobb Partners South Beach,
Ltd. '(the "Developer") , applied for and received final design
approval for the Project on or about July 27, 1989, which approval
encompassed two-foot perimeter setbacks and intermittent,
cantilevered balconies which extend into the air space above a
portion of the public rights-of-way up to three feet, at the second
level above grade and higher; and
, WHEREAS, the City and The Miami Beach Redevelopment Agency (the
"Agency") have taken appropriate action to review and approve the
plans for, the Project, and the City has adopted a special RM-PS1
zoning district by Zoning Ordinance 89-2665, which was specifically
intended to permit, construction of the Project as shown on the
plans submitted by Developer; and
WHEREAS, the City re-certified the Project plans on or about June
17, 1993 , and issued building permits to the Developer to build the
Project in accordance with the approved plans; and
WHEREAS, in order to give practical effect to the approved design
and setbacks for the perimeter of the Project, it is necessary and
was intended to grant Developer a non-exclusive easement over the
public rights-of-way for access, maintenance and repair of the
exterior perimeter of the Project, and an exclusive air rights
easement extending three feet into the public rights-of-way to
permit the construction and maintenance of cantilevered balconies,
commencing at an elevation of twelve feet above mean sea level and
extending to the maximum allowable height of the Project; and
WHEREAS, the Developer and its successors and assigns have agreed
as part of the express conditions of such easements to indemnify
the City and Agency for any and all claims, injuries, losses and
liabilities of all kinds whatsoever occurring by reason of such
easements; and
WHEREAS, the Agency and City staff have recommended that the City
grant Developer the Perimeter Easement Agreement, as reflected in
attached Exhibit "A" .
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, , FLORIDA, that a Perimeter Easement
Agreement be granted to the Developer, its -uccessors and assigns,
as reflected in the attached Exhibit "A"
PASSED and ADOPTED this 2nd day of h, 1994 .
ATTEST:
ovA o '611PPROVED
CITY CLERK I LE PT.
31
Date
,/- 7 ' -
• '1<)1 aj(2411r,WW4044U
A.er_.142-
'f g PERIMETER EASEMENT AGREEMENT
This Perimeter Easement Agreement (the "Agreement") is made
this 3 rday of March, 1994, by the City of Miami Beach, Florida,
a municipal corporation, its successors and assigns ("Grantor") ,
the Miami Beach Redevelopment Agency, a public agency organized and
existing pursuant to Chapter 163, Florida Statutes, its successors
and assigns ("Agency") , and Cobb Partners South Beach, Ltd. , a
Florida limited partnership, its successors and assigns
("Grantee") .
W I T N E S S E T H :
WHEREAS, Grantor is the owner in fee simple title of certain public
rights-of-way (the "Rights-of-Way") , lying and being situate in the
City of Miami Beach, Dade County, Florida, bordering Blocks 78, 8.0
and 53, OCEAN BEACH ADDITION NO. 3, according to the Plat thereof,
as recorded in Plat Book 2, at Page 81, of the Public Records of
Dade County, Florida (the "Project Area") ; and
WHEREAS, Grantee is the developer of a mixed-use development within
the Project 'Area, immediately adjacent to the Rights-of-Way (the
"Project") ; and
WHEREAS, Grantor has determined that it was the intention of the
Grantor and the Agency in approving the Project design, adopting a
special zoning district to permit the proposed perimeter features
of the Project (including cantilevered balconies) , and in issuing
building permits for the Project, that the Grantee be given the
rights herein conferred; and
WHEREAS, Grantee desires and the Grantor is willing to permit
Grantee, on the terms and conditions contained herein, to have a
non-exclusive easement for access over the Rights-of-Way to
maintain and repair the exterior perimeter of the Project; and
WHEREAS, Grantee desires and Grantor is willing to permit Grantee,
on the terms and conditions contained herein, to have an exclusive
air rights easement extending three feet in' all directions from the
boundary of the Project, into the Rights-of-Way, to permit
construction and maintenance of cantilevered balconies, commencing
at an elevation of twelve feet above mean sea level and extending
to the maximum allowable height of the Project;
NOW, THEREFORE, for $10. 00 in hand paid, the mutual covenants
contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
Grantor, Agency and Grantee covenant as follows:
1. Grantor hereby establishes, gives, grants and conveys unto the
Grantee a non-exclusive easement for access over and upon the
Rights-of-Way for the purpose of maintaining and repairing the
adjacent exterior perimeter of the Project from time to time. In
utilizing its rights hereunder, Grantee shall take reasonable steps
to protect the public from any injurious condition and to avoid
unduly restricting public use of the Rights-of-Way.
2. Grantor hereby establishes, gives, grants and conveys unto the
Grantee, its successors and assigns, including any condominium or
homeowners' association and any members thereof, an exclusive air
rights easement to place and maintain structures appurtenant to the
Project, consisting of cantilevered balconies, extending three feet
in all directions from the boundary of the Project, into the
Rights-of-Way, commencing at an elevation of twelve feet above mean
sea level and extending to the maximum allowable height of the
Project.
3 . Both of the foregoing easements shall automatically extend to
any contiguous portions of the Project Area as are hereafter
conveyed to Grantee from Grantor or the Agency.
•
l i+
a ,.
4 . Grantee, its successors and assigns at all times hereby agree
to indemnify, defend and save harmless the Grantor and Agency from
and with respect to all claims, injuries, losses and liabilities
occurring by reason of such easement or because of the acts and
omissions of the Grantee, its successors and assigns. The Grantee,
its successors and/or assigns shall maintain public liability
insurance in an amount of not less than $1, 000,000, naming Grantor
and the Agency as additional named insureds for the duration of
this Agreement. Grantee shall promply repair any damage it causes
to the improvements located on the Rights-of-Way from time to time,
but nothing contained herein shall be deemed or construed to
require Grantee to maintain, preserve or enhance such improvements
except insofar as such constitutes repair of damage caused by
Grantee. Upon formation and conveyance of any portion of the
Project to a condominium or homeowners' association assuming the
obligations of the original Grantee, such original Grantee shall be
relieved of the obligations of this paragraph at such time as such
association affirmatively acknowledges, undertakes and assumes in
writing the original Grantee's obligations under this paragraph.
5. The provisions of this Agreement shall become effective upon
execution and shall be recorded in the Public Records of Dade
County, Florida; shall run with the land and be binding upon the
parties hereto and their successors and assigns; and shall continue
in effect for a period of.thirty (30) years after the date of such
recordation of this Agreement, after which it shall be extended
automatically for successive periods of ten (10) years each, unless
released in writing by the Grantor and Grantee.
6. This Agreement contains the entire agreement among the parties
relating to the subject of this Agreement. The provisions of this
Agreement may be amended from time to time by written instrument
executed by the parties. The parties hereto shall cooperate in
good faith, execute and deliver such additional documents and take
such further actions as may be required to give effect to the terms
of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this
instrument as of the date first set forth above.
GRANTOR: CITY OF MI . BEACH
/ 1 ,
ATTEST: / 1
By:
Seymou Gelber, Mayor
:1-eptprAAAL E IL66....,_
Lp
City Clerk (Seal)
AGENCY: MI -,
I - BEACH REDEVE • •MENT AGENCY
4, °
ATTEST:
By: lige
`� Se • Gelber,—Executive Director
TiBy: tL
Deputy Director (Seal)
2
•
•
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
BEFORE ME, the undersigned authority duly authorized in the
State and County aforesaid t'o take acknowledgments, personally
appeared Seymour Gelb and , personally known
to me, as Mayor and Ch,i,ernA9 &i of the City of Miami Beach
and as the Executive Director and of the
Miami Beach Redevelopment Agency, respectively, and who took an
oath, acknowledging that they executed the above and • foregoing
document as their free act and deed for and on behalf of said City
and Agency and as its duly authorized representatives, for the
purposes set forth therein, and that the seals affixed hereto are,
respectively, the true and correct seals of said City and Agency.
IN WITNESS WHEREOF, I have hereunto s t my hand and affid my
official seal, in the State and County a esaid, is day
of March, 1994.
AMf1,e
/ otary Public
•
My Commission Number is: CC_I 39/5
(SEAL)
My Commission Expires: Notary Public State of Florida at Large
M) Corm-union Cxp,rc3 Oct 7, MS
Bonded thru Maynard Bonding Agency
• GRANTEE: COBB PARTNERS SOUTH BEACH, LTD.
By: Viking Ventures, Inc.
Its General Partner
ATTEST: cm
1
By '�
R. rinkley, II, P sident
By: (CORPORATE SEAL)
STATE OF FLORIDA )
) SS:
COUNTY OF DADE ) '
BEFORE ME, the undersigne4 authority, personally appeared R.T.
Brinkley, II, and Mary -.o (oh- / the President and
_Sze y , respectively, of of Viking Ventures, Inc. , the
General Partner of Cobb Partners South Beach, Ltd. , the Grantee
named in the above and foregoing instrument, and acknowledged that
they executed the same for and on behalf of said partnership as the
duly authorized officers of its corporate general partner, for the
uses and purposes therein set forth and contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal, on this 3rd day of March, 1994, in the State and County
aforesaid.
•
[N ] IvlG�f Cl✓l1/�Z.
Notary Public
My Commission Number is: / ' 9/b
(SEAL)
My Commission Expires: Notary Public State of Florida at I arot
• My Commission Expires Oct 7. 1995
Bonded thru Maynard Bonding Agenc,
3
, ' - 1 1 a
•
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGE,1 TELEPHONE: (305)673-7010
FAX: (305)673-7782
COMMISSION MEMORANDUM NO. j_24-1/
TO: Mayor Seymour Gelber and DATE: March 2, 1994
Members of the City Commission
FROM: Roger M. Canton
City Manager
•
SUBJECT: AUTHORIZATION TO PROCEED WITH PERIMETER EASEMENT
AGREEMENT ON PORTIONS OF THE PERIMETER OF THE COBB
REDEVELOPMENT PROJECT, BLOCKS 78 AND 80, OCEAN BEACH
ADDITION NO. 3
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of a perimeter easement
agreement in the proposed form,, which gives effect to the approved
design for the perimeter of the subject redevelopment project and
provides for reasonable exterior maintenance, with an indemnity in
favor of the City and the Redevelopment Agency.
•
BACKGROUND:
This project has had approved design features for over four years
(since the developer' s initial design submittals) which include •
two feet-- perimeter setbacks and European-style, intermittent
cantilevered balconies, protruding slightly into the air space
above the perimeter (sidewalk) rights-of-way. These. design
features were specifically approved by the City and Agency, but
through mere oversight, such approvals were not previously coupled
with- the corresponding easements. To rectify that clerical
omission, a Perimeter Easement Agreement has now been proposed. No
variance is required, because the design features were specifically
incorporated into the special RM-PSI zoning for the project
(scrivener' s error corrections are being prepared by Dean Grandin) .
At such time as Block 53 is delivered to the developer, the
agreement would automatically extend to it.
•
ANALYSIS:
As the inadvertent clerical omission has now become apparent and
the developer has demonstrated reliance upon the prior design
approvals (building permits have already been issued) , the
Administration believes that the proposed Perimeter Easement
Agreement is not only consistent with, but also gives effect to,
specific design approvals for this.project, and should therefore be
granted at this time.
•
RMC:jph
-1- 1
AGENDA
ITEM R.._
DATE 3 2-9 q
•
CITY OF MIAMI 'BEA-H
rir
TO: Harry Mavrogenes DATE: 3/8/94
Assistant City Manager
FROM: Richard E. Brown
City Clerk
SUBJECT: Air Rights Easement
Enclosed are three easements between the City of Miami Beach and
Cobb Partners South Beach, Ltd. for signature of appropriate
officials.
After obtaining the applicable signatures, please return the
documents to the City Clerks Office, to the attention of Mercy
Williams for execution by the City. Subsequently, a fully executed
copy will be forwarded to you for your files in addition to a copy
of the resolution authorizing said agreement (Resolution No.
94-21079.
•
Thank you.
do ,4,
ej
��' s�� , sir