2012-27992 Reso RESOLUTION NO. 2012-27992
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A DECLARATION REGARDING IMPROVEMENTS AND
MAINTENANCE OF TRAFFIC CIRCLE AREAS WITHIN THE RIGHT-OF-WAY AND
PUBLIC BEACH WALK AND EXCHANGE OF EASEMENTS RELATED THERETO,
WITH SEVILLE ACQUISITION, LLC, OWNER OF THE MARRIOTT SEVILLE, FOR
IMPROVEMENTS TO AND THE MAINTENANCE OF THE 29TH STREET STREETEND
AND TRAFFIC CIRCLE, AND FOR THE CONSTRUCTION OF A PORTION OF THE
BEACHWALK.
WHEREAS, Seville Acquisition, LLC ("Owner") is the owner of the hotel property located at 2901
Collins Avenue ("Property"); and
WHEREAS, the Owner has received development approval for the construction of a hotel and
condominium at the Property, after five Historic Preservation Board ("HPB") meetings and one Board of
Adjustment("BOA") meeting; and
WHEREAS, the Historic Preservation Board, at its June 14, 2011 meeting, approved the
reconfiguration and improvement of the 29th Street streetend, including the traffic circle; and
WHEREAS, the City requires a maintenance agreement that obliges the Owner to maintain the
street end and traffic circle improvements as the City does not have the resources to properly maintain
these enhancements; and
WHEREAS, the Owner will grant the City an easement for public ingress and egress over a
portion of the pro erty and will construct a Public Beachwalk along the rear of the Owner's property from
approximately 29t�Street to 301h Street, replacing the existing boardwalk; and
WHEREAS, Staff has reviewed the appropriateness of the proposal pursuant to the criteria
established under Section 82-38 of the City Code for the proposed sale or lease of City property and
found that the criteria are satisfied; and
WHEREAS, the Land Use and Development Committee, at its July 25, 2012 meeting,
recommended approval of this proposed Declaration by the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby approve and authorize
the Mayor and City Clerk to execute declaration regarding improvements and maintenance of traffic circle
areas within the right-of-way and public beach walk and exchange of easements related thereto, with
Seville Acquisition, LLC, Owner of the Marriott Seville, subject to such further modifications as the City
Attorney and the City Manager determine are in the best interests of the City, for improvements to and the
maintenance of the 29th Street streetend and traffic circle, for the construction of a portion of the
beachwalk, and for exchange of easements related thereto.
aol�- 97 ??Z
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST:
Ma i Her a ower, ay r
Rafael Gr ,,•� C r
APPROVEDTJ
FO & LA u ORP ORATED.'
FO EXE
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T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\Marriott Seville Agreement-RESO rev.docx
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida,
Approving And Authorizing The Mayor And City Clerk To Execute The Declaration Regarding
Improvements And Maintenance Of Traffic Circle Areas Within The Right-Of-Way And Public Beach
Walk And Exchange Of Easements Related Thereto, With Seville Acquisition, LLC, Owner Of The
Marriott Seville, For Improvements To And The Maintenance Of The 29t Street Streetend And Traffic
Circle, And For The Construction Of A Portion Of The Beachwalk.
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Rights-of-Way Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
Seville Acquisitions, LLC (Owner) has received development approval for the construction of a hotel
and condominium at 2901 Collins Avenue. This approval was granted after five Historic Preservation
Board (HPB) meetings and one Board of Adjustment meeting.
The June 14, 2011 HPB approval provides for reconfiguring and improving the 29th Street end,
including the traffic circle. The City is requiring a maintenance agreement that obliges the Owner to
maintain the street end and traffic circle improvements as the City does not have the resources to
properly maintain these enhancements.
The Owner will grant the City an easement for public ingress and egress over a portion of the propertx
and will construct a public Beachwalk along the rear of the Owner's property from approximately 29
Street to 301h Street, replacing the existing boardwalk.
Staff has reviewed the appropriateness of the proposal pursuant to the criteria established under
Section 82-38 of the City Code for the proposed sale or lease of City property, and found the criteria
are satisfied.
The Land Use and Development Committee meeting, at its July 25, 2012 meeting, recommended
approval of this proposed agreement by the Commission.
THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
The Historic Preservation Board has approved the proposed design.
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
FHB/RWS, Public Works 6565
Sign-Offs:
Department Di c Assistant Cit anager City Manager
FHB JGG KGB
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\ arriott Seville Agreement-Summary.docx
MIAMIBEACH AGENDA ITEM C 7N
DATE
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commi sion
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE DECLARATION REGARDING IMPROVEMENTS AND MAINTENANCE OF
TRAFFIC CIRCLE AREAS WITHIN THE RIGHT-OF-WAY AND PUBLIC BEACH WALK AND
EXCHANGE OF EASEMENTS RELATED THERETO, WITH SEVILLE ACQUISITION, LLC,
OWNER OF THE MARRIOTT SEVILLE, FOR IMPROVEMENTS TO AND THE
MAINTENANCE OF THE 29TH STREET STREETEND AND TRAFFIC CIRCLE, AND FOR
THE CONSTRUCTION OF A PORTION OF THE BEACHWALK.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
Seville Acquisitions, LLC (Owner) has received development approval for the construction of a
hotel and condominium at 2901 Collins Avenue. This approval was granted after five Historic
Preservation Board (HPB) meetings and one Board of Adjustment (BOA) meeting.
• On May 10, 2011, the application for the development was approved by the HPB with
the exception of the landscape plan and reconfiguration of the 291h Street end and the
proposed renovations of the interior of the public spaces.
• On June 14, 2011, the HPB approved the re-configuration of 29th Street.
• On September 9, 2011, the BOA approved variances reducing the setback, view
corridor, and rear yard landscaping requirements.
• On September 13, 2011, the HPB approved modifications to the demolition plans and
the landscape plan.
• On October 11, 2011 and December 13, 2011, the HPB approved the design of the
hotel's public interior spaces.
Notifications of these meetings were sent to properties within 375 feet of the development
including Triton Towers. Three residents of the Triton Towers spoke at the May 11, 2011 HPB
meeting. Their concerns were related to traffic and noise. The Owner and City staff worked with
Triton Towers to ensure that the final product will address their concerns.
ANALYSIS
The June 14, 2011 HPB approval provides for reconfiguring and improving the 29th Street end,
City Commission Memorandum—Agreement with Marriott Seville
September 12, 2012
Page 2 of 3
including the traffic circle. The City is agreeable to this request but is requiring a maintenance
agreement (Attachment) that obliges the Owner to maintain the street end and traffic circle
improvements as the City does not have the resources to properly maintain these
enhancements. The City will require the Owner to replace pavers that are broken or cracked
and maintain the area in a manner to prevent tripping hazards. The Owner will also need to
maintain the proposed landscaping in a substantially similar manner to the landscaping which is
initially placed.
The Owner has proposed an exchange of easements with the City. The Owner will grant the
City an easement for public ingress and egress over a portion of the property and will construct
a public Beachwalk along the rear of the Owner's property from approximately 29th Street to 30th
Street, replacing the existing boardwalk. This includes design, permitting, and construction. The
Owner has proposed that the City grant it an easement over the improved area for
maintenance, repair, and replacement, as necessary. The maintenance agreement and the two
easement agreements are being negotiated now and will be taken to the Commission for
approval if approved in committee.
As an exchange of easements is proposed, staff has not required an appraisal of the easement
that the City will provide to the Owner.
Planning and Public Works staff has reviewed the appropriateness of the proposal pursuant to
the criteria established under Section 82-38 of the City Code for the proposed sale or lease of
City property.
1) Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city's comprehensive plan.
Satisfied. Granting the easement will provide for the maintenance of an enhanced street
end with brick pavers and landscaping.
2) The impact on adjacent properties (if any), including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level, enhanced
property values, improved development patterns and provision of necessary services.
Based on the proposed use of the property, the city shall determine the potential impact
of the project on city utilities and other infrastructure needs and the magnitude of costs
associated with needed infrastructure improvements. Should it become apparent that
further evaluation of traffic impact is needed, the purchaser/lessee shall be responsible
for obtaining and paying for a traffic impact analysis from a reputable traffic engineer.
Satisfied. There should be no negative impact to City infrastructure or to traffic. The
project is designed to improve traffic flow and circulation related to the hotel project.
3) A determination as to whether or not the proposed use involves a public purpose, or is in
keeping with the community's needs, such as expanding the city's revenue base,
reducing city costs, creating jobs, creating a significant revenue stream, and/or
improving the community's overall quality of life.
Satisfied. The proposal is associated with an important hotel development. This portion
of the Collins Avenue corridor has not developed as rapidly as areas of the City further
south, and the proposed new hotel developments in this corridor are generally seen as
City Commission Memorandum—Agreement with Marriott Seville
September 12, 2012
Page 3 of 3
positive for the city's economic and tourism development.
Z
4) A determination as to whether or not the proposed use is in keeping with the surrounding
neighborhood, will block views or create other environmental intrusions, and evaluation
of the design and aesthetic considerations of the proposed development or project.
Satisfied.. The proposed enhancements should greatly improve the aesthetics of the
street end, functioning as a park-like setting with robust landscaping. The area will be
open to the public.
5) The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
Satisfied. There should not be any adverse impacts to adjacent properties. The Owner
and staff have worked with residents of the adjacent Triton Towers condominium
building to ensure that the final product is acceptable to them.
6) Such other issues as the City Manager or his authorized designee, who shall be the
city's planning director, may deem appropriate in analysis of the proposed disposition.
Satisfied. Staff has no other issues it deems appropriate to analyze for this proposal.
The analysis above shows that the criteria for the proposed sale or lease of City property are
satisfied, per Miami Beach City Code Sections 82 —38.
The Land Use and Development Committee meeting, at its July 25, 2012 meeting,
recommended approval of this proposed agreement by the Commission.
CONCLUSION .
The Administration recommends that the Mayor and City Commission authorize the Mayor and
City Clerk to execute the declaration regarding improvements and maintenance of traffic circle
areas within the right-of-way and public beach walk and exchange of easements related hereto,
with Seville Acquisition, LLC, owner of the Marriott Seville, for improvements to and the
maintenance of the 29th Street streetend and traffic circle, and for the construction of a portion of
the beachwalk.
Attachment:
Draft Agreement
JGG//FHB/JJF/RWS
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This instrument was prepared by:
Name: Michael J.Marrero,Esq.
Address: Bercow Radell&Fernandez,P.A.
200 S.Biscayne Blvd.,Suite 850
Miami,FL 33131
(Space reserved for Clerk)
DECLARATION REGARDING IMPROVEMENTS AND MAINTENANCE OF
TRAFFIC CIRCLE AREAS WITHIN THE RIGHT-OF-WAY
AND PUBLIC BEACH WALK AND
EXCHANGE OF EASEMENTS RELATED THERETO
THIS DECLARATION REGARDING IMPROVEMENTS AND
MAINTENANCE OF TRAFFIC CIRCLE AREAS WITHIN THE RIGHT-OF-WAY
AND PUBLIC BEACHWALK AND EXCHANGE OF EASEMENTS RELATED
THERETO (the "Declaration") is made this day of , 2012, by Seville
Acquisition, LLC, a Delaware limited liability company (the "Owner") in favor of the
City of Miami Beach, Florida, a municipality of the State of Florida (the "City").
WITNESSETH :
WHEREAS, the Owner holds fee-simple title to the real property (the "Master
Parcel") described on the attached Exhibit A; and
WHEREAS, the Owner has obtained several development approvals and is
currently seeking building permits from the City of Miami Beach for the restoration and
redevelopment of the Master Parcel to a hotel and residential condominium project (the
"Project") and, in connection with the construction of the Project, Owner proposed to
reconfigure and reconstruct an existing traffic circle (the "Traffic Circle") and
surrounding City owned right-of-way areas adjacent to the Master Parcel ("City
Property"), which proposal contemplates the installation of pavers and landscaping, as
well as the relocation of roadways and landscaped areas within the right-of-way (the
"Traffic Circle Improvements"); and
WHEREAS, the Traffic Circle is depicted and legally described on the attached
Exhibit B-1, the City Property is depicted and legally described on the attached Exhibit
B-2, and the Traffic Circle Improvements are depicted on the attached Exhibit B-3 (the
"Traffic Circle Improvements Site Plan"); and
WHEREAS, the Owner will be responsible for maintaining the portion of the
City Property where Traffic Circle Improvements have occurred; and
WHEREAS, the City has requested a covenant from the Owner to ensure that the
improvements installed by or on behalf of the Owner will be maintained in a
satisfactory manner, as described in this Declaration, in perpetuity without cost or
obligation to the City, for as long as the City does not require the removal and
replacement of such improvements, as such removal and replacement may be required
pursuant to the terms and conditions of this Declaration.
NOW, THEREFORE, the Owner voluntarily covenants and agrees that the
Master Parcel shall be subject to the following provisions that are intended and shall be
deemed to be covenants running with the land and binding upon the Owner, its
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successors in interest and assigns, as follows:
1. Preamble. The recitals and findings set forth in the preamble of this
Declaration are hereby adopted by reference thereto and incorporated herein as if fully
set forth in this Section. As used in this Declaration, the term "Owner" shall mean,
initially, Seville Acquisition, LLC, and following the conveyance of the Master Parcel by
Seville Acquisition, LLC, "Owner" shall mean and refer to the then-current owner(s) of
the Master Parcel.
2. Maintenance Obligations. The Owner shall be required to perform
maintenance on all of the Traffic Circle Improvements as reasonably necessary from
time to time to ensure that the City Property shall, at all times, remain in proper
condition as follows:
(i) repairing and/or replacing broken or cracked brick pavers;
(ii) maintaining, trimming, removing or replacing the landscaping in at
least the same or substantially similar level of landscaping to that which is
initially placed on the City Property by Owner; and
(iii) maintaining the paved surface areas on the City Property in a level
condition so as not to create a tripping hazard for pedestrians.
The Owner shall be responsible for restoring, repairing and/or replacing the
pavers and landscaping within a reasonable time, not exceeding forty-five (45) calendar
days, following "Acts of Nature" or a permitted Utility Company or City contractor's
3
maintenance, repair and/or replacement of any portion of the curbs, gutters, storm
drains, utility facilities, roadways or other improvements abutting and/or lying on or
under the City Property (the "Work"). The City, Utility Company or City contractor
shall notify Owner in writing in advance of such Work and shall make all necessary
effort to salvage and store on site the Traffic Circle Improvements' salvageable material
and shall provide a temporary restoration surface with a City standard material such as
cement or asphaltic concrete.
3. Failure to Maintain Improvements/ City's Power to Compel Maintenance.
In an instance where the City has determined after reasonable investigation that the
Owner has not adequately maintained, repaired or replaced the Traffic Circle
Improvements in accordance with the requirements of Section 2 of this Declaration, or
when the City's Parks Department deems that landscaping within the Traffic Circle
Improvements is not properly maintained in accordance with the requirements of
Section 2 of this Declaration (collectively a "Default"), then after having given the
Owner forty-five (45) calendar days written notice of and opportunity to cure the
Default, the Owner acknowledges that the City, as the affected local government, has (i)
the power and standing to initiate, or intervene in, any proceeding relevant to the
condition or maintenance of the City Property and/or the Default and (ii) the power to
take actions to require the Owner to maintain the Traffic Circle Improvements
according to the maintenance standards set forth in Section 2. The Owner and its
4
successors and assigns hereby forever waive any objection to such standing, initiation
or intervention by the City (after notice and an opportunity to cure as set forth in this
Section 3). If the Owner does not cure the Default to the reasonable satisfaction of the
City and/or the City's Parks Department within the forty-five (45) calendar day cure
period, then the City also has (i) the right to terminate this Declaration and/or repair or
replace the Traffic Circle Improvements on the City Property, following the forty-five
(45) calendar days written notice and cure period or (ii) to exercise self-help measures to
correct the Default. If the City incurs expenses in connection with maintaining,
repairing or replacing the Traffic Circle Improvements on the City Property, then all
maintenance, repair and replacement expenses incurred by the City shall be reimbursed
by Owner within thirty (30) days after the City provides written invoice and supporting
documentation to Owner relating to such maintenance, repair and/or replacement
expenses. Any such expenses for maintenance, repair and/or replacement not timely
reimbursed to the City shall constitute a lien against the Master Parcel.
4. Grant of Easements. Owner grants an easement to the City for the purpose of
permitting the public ingress and egress over that portion of the Master Parcel depicted
in Exhibit C, and more specifically as described in the legal description attached as
Exhibit C. The City grants a non-exclusive easement to Owner over the City Property
for the purpose of installing, maintaining, repairing, replacing and removing, as
applicable, the Traffic Circle Improvements. Should a permit or any approval be
5
required from the Florida Department of Transportation, or any other agency, in order
to install any improvements over the City Property, Owner shall be required to obtain
such permit or approval prior to the commencement of any such work. The City will
still have the right to install utilities and/or grant utility easements within the non-
exclusive easement. Immediately after the installation of any utilities or infrastructure
improvements, the City shall restore the easement area to the condition that existed
prior to the commencement of any work by the City or its agent.
5. Public Beach Walk. The Owner has voluntarily offered, proffered and agreed
to construct a grade level public beach walk ("Public Beach Walk") along the rear of the
subject site (2901 Collins Avenue), from approximately 29th Street to 30th Street, which
shall be implemented according to the following conditions.
a. The existing raised board walk adjacent to the dune, in between the
south right-of-way line of 29th Street and the north right-of-way line of 30th Street
shall be demolished and removed. A new Public Beach Walk shall be designed,
permitted and built by the applicant and shall connect to the existing raised
boardwalk (or beachwalk if such boardwalk has been removed) to the north of
30th Street and to the south of 29th Street. All costs associated with the design,
permitting and construction of the Public Beach Walk, as described herein, shall
be borne by the Owner.
b. The Public Beach Walk shall be consistent with the beach walk
6
master plan, and shall require the review and approval of the Public Works
Department, as well as all other applicable regulatory agencies and authorities.
C. The Public Beach Walk shall be permitted and substantially
completed prior to the issuance of the Final Certificate of Occupancy for the
work approved by the Historic Preservation Board in HPB file no. ,
Order dated , copy attached as Exhibit D. However, should the
completion of the Public Beach Walk be delayed by circumstances beyond the
Owner's control, such as permitting delays by the City or any State agency, or
other agency having jurisdiction, the issuance of the Final Certificate of
Occupancy shall not be withheld provided that the cost of completion is bonded,
or placed in escrow pursuant to a further agreement with the City, in a form
subject to the approval of the City Attorney.
6. No City Financial Obligation or Third Party Beneficiaries. The Owner
acknowledges that the City has and will have no financial obligations or liability for the
improper maintenance of the Traffic Circle Improvements by Owner, which are
appropriately within the obligations of the Owner to maintain the Traffic Circle
Improvements as provided in Section 2. It is the intention of the parties hereto that no
third party beneficiary rights are created or acknowledged through this Declaration.
7. Term of Declaration. This Declaration shall remain in full force and effect and
shall be binding upon the Owner for an initial period of thirty (30) years from the date
7
this instrument is recorded in the public records, and shall be automatically extended
for successive periods of ten (10) years, unless modified, amended or released by
mutual agreement of Owner and the City prior to the expiration thereof or terminated
by the City as provided for in Section 3 of this Declaration.
8. Modification. This Declaration may be modified, amended or released as to
any portion of the Master Parcel, Traffic Circle or City Property encumbered by this
Declaration by a written instrument executed by the City and Owner, provided that
same has been approved by the Director of the Public Works Department. Should this
instrument be so modified, amended or released, the Director of the Public Works
Department, or their successor, or other administrative officer with jurisdiction over the
matter, shall execute a written instrument in recordable form, within thirty (30) days
after such instrument is presented to the Director, effectuating and acknowledging such
modification, amendment or release.
9. Severability. Invalidation of any provision of this Declaration by judgment of
Court shall not affect any of the other provisions of this Declaration, which shall remain
in full force and effect.
10. Recording. This Declaration shall be recorded in the Public Records of
Miami-Dade County, Florida, at the cost of the Owner.
11. City Inspection. It is understood and agreed that any official inspector of the
City may have the right at any time during normal working hours to investigate the use
8
and development of the Traffic Circle Improvements, to determine whether the
conditions of this Declaration and the requirements of the City's building, zoning, land
development regulations and minimum construction and maintenance standards
relating to the Traffic Circle Improvements are being complied with.
12. Hold Harmless and Indemnification.
A. Owner shall indemnify and hold harmless City, its officers and
employees, from any costs, liabilities, claims, losses, and damages (including, without
limitation, reasonable attorneys' fees and disbursements at the trial level and all levels
of appeal), whether suit is instituted or not, relating to death of or injury to persons, or
loss of or damage to property, resulting from, arising out of, or incurred in connection
with the existence and use of the easement and the easement area by Owner, and/or its
officials, employees, contractors, and agents; and including, but not limited to, any
violation by the Owner, and/or its officials, employees, contractors, and agents, of any
laws, rules, regulations or ordinances regarding hazardous materials, hazardous
wastes, hazardous substances, solid waste, or pollution, whether now existing or
hereafter enacted or promulgated, as they may be amended from time to time
("Environmental Laws"); any presence, release, or threat of release of hazardous
materials, hazardous wastes, hazardous substances, solid waste or pollution at, upon,
under, from or within the easement area by Owner, and/or its officials, employees,
contractors, and agents; the failure of Owner, and/or its officials, employees,
9
contractors, and agents, to duly perform any obligations or actions required to be taken
under any Environmental Laws (including, without limitation, the imposition by any
governmental authority of any lien or so-called "super priority lien" upon the easement
area); any clean-up costs; liability for personal injury or property damage or damage to
the environment; and any fines, penalties, and punitive damages, or any fines or
assessments incurred by or claimed against City and arising out of the failure of Owner,
and/or its officials, employees, contractors, and agents, to comply with Environmental
Laws in connection with the use of the easement and the easement area by Owner,
and/or its officials, employees, contractors, and agents.
B. Owner shall also, as part of the indemnification provided to City pursuant
to this Section 12, defend any and all claims asserted against City resulting from, arising
out of, or incurred in connection with the existence and/or use of the easement and the
easement area by Owner, and/or its officials, employees, contractors, and agents.
Owner shall be entitled to select counsel of Owner's choice to defend the claim;
provided, however, that such counsel shall first be approved by City's City Attorney,
which approval shall not be unreasonably conditioned, withheld, or delayed; and,
provided further, that the City shall be permitted, at its cost and expense, to retain
independent counsel to monitor the claim proceeding. The duty to defend set forth in
this subsection shall be severable and independent from the indemnity obligations
otherwise set forth in this Section 12, to the extent that if any other provisions and/or
10
subsections of this Section 12 are deemed invalid and/or unenforceable, this duty to
defend provision shall remain in full force and effect.
C. Notwithstanding anything contained in Section 12 to the contrary, Owner
shall not be obligated or liable to City, or any third parties, for any costs, liabilities,
expenses, losses, claims or damages, resulting from the gross negligence, recklessness
or willful misconduct of City or its officials, employees, contractors, and agents.
D. The indemnity and defense obligations set forth in this Section 12 including,
without limitation, the provisions of its subsections, shall survive the expiration of the
Term or any termination of this easement regarding any and all costs, liabilities, claims,
losses, and damages (including, without limitation, reasonable attorneys' fees and
disbursements at the trial level and all levels of appeal), whether suit is instituted or
not, relating to death of or injury to persons, or loss of or damage to property, resulting
from, arising out of, or incurred in connection with the existence and use of the
easement and the easement area by Owner and/or its officials, employees, contractors,
and/or agents
13. Enforcement. An action to enforce the terms and conditions of this
Declaration relating to the Traffic Circle Improvements may be brought by the City and
may be by action at law or in equity against Owner violating or attempting to violate
any such provision of this Declaration, either to restrain violations or to recover
damages. The prevailing party in the action or suit shall be entitled to recover costs and
reasonable attorneys' fees, at all levels of trial and appeal. This enforcement provision
shall be in addition to any other remedies available under the law.
IN WITNESS WHEREOF, the Owner and City have duly executed this
Declaration as of the day and year first above written.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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OWNER:
Signed, Sealed and Delivered
In Our Presence: Seville Acquisition, LLC, a Delaware
limited liability company
By:
Name:
Title:
CITY:
Signed, Sealed and Delivered
In Our Presence: City of Miami Beach, Florida, a
municipality of the State of Florida
By:
Name:
Title:
Public Works Director Dated
ROVED AS TO FORM
& L GU E &FOR
EX E QV
A ORNE G DATED
F:\ATTO\HELG\Agreements\Seville Traffic Circle\Declaration re_Traffic Circle Improvements rev 9-6-12.doc
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r ti
EXHIBIT A
LEGAL DESCRIPTION
ION
All of Block 11,together with alley through said Block 11 extending from the North line of said Block 11 to
the Northerly line of Miami Beach Drive;ALSO
A certain tract or parcel of land lying South of and adjacent to Lot 1 of Block 11,as shown upon the Plat
of THE OCEAN FRONT PROPERTY OF,THE MIAMI BEACH IMPROVEMENT COMPANY,recorded in Plat
Book 5,at Pages 7 and 8,of the Public Records of Miami-Dade County,Florida,more particularly
described as follows,to wit:
Begin(P.O.B.)at the Southwesterly corner of said Lot 1;thence in a Southerly direction along the
Westerly Hne of said Lot 1 extended to the intersection of Miami Beach Drive; thence in a Southeasterly
direction following the curves of said Miami Beach Drive to a point on said Drive which intersects a line
parallel with the Southerly line of Lot 5,Block 8,according to the aforesaid Plat,the distance of said line
from the Southerly line of said Lot 5 being determined by the most Northerly point of said Lot 5;thence in
an Easterly direction along a line parallel with the Southerly line of said Lot 5 to the erosion control line of
the Atlantic Ocean,said line recorded in Plat Brook 105,at Page 62,of the Public Records of Miami-Dade
County,Florida;thence run Northerly along the referenced erosion control line of the Atlantic Ocean to
the South line of said Lot 1;thence Westerly along the South line of said Lot 1 to the Point of Beginning
(P.O.B.);
All according to the Plat of The Ocean Front Property of The Miami Beach Improvement Company,
recorded in Plat Book 5,at Pages 7 and 8,of the Public Records of Miami-Dade County, Florida;
LESS, HOWEVER,the following portion of said Parcel 1, which has been heretofore sold and conveyed ay
the said PANCOAST PROPERTIES,INC.,unto the City of Miami Beach,a Florida municipal corporation,the
said excepted portion being described as follows:
A portion of that certain parcel of land lying Southerly of and adjoining Lot 1, Block 11,of THE OCEAN
FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,as shown on the amended map
thereof,recorded in Plat Boot;5,at Pages 7 and 8,of the Public Records of Miami-Dade County,Florida;
said portion being bounded as follows:
Bounded on the Southerly side by a line drawn Easterly from the most Northerly point of Lot 5,Block 8,of
the above mentioned OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,and
parallel to the Southerly line of Lot 5; Bounded on the Northerly side by a line parallel to and 35 feet
Northerly of the above described Southerly Boundary; Bounded on the Easterly side by the Atlantic
Ocean; Bounded on the Westerly side by the Westerly line of the said parcel of land lying Southerly of and
adjoining said Lot 1,Block 11; -
PARCEL 5:;VACATED RIGHT-OF-WAY)
The Right of Way,including Air Rights over the following described property,commencing at a horizontal
plane 30 feet vertical from+7.0 elevation U.S.E.D. Bay Datum.
Commence(P.O.C.)at the Northwesterly comer of Lot 4,Block 11, of the OCEAN FRONT PROPERTY OF
MIAMI BEACH IMPROVEMEKT COMPANY,A SUBDIVISION, recorded in Plat Book 5,at Page 7 of the
Public Records of Miami- Dade County, Florida,and run S. 19 degrees 57' 11"W.;along the Easterly fine
of Collins Avenue,also being the Westerly fine of said Block 11, a distance of 225.40 feet to a point of
curvature(P.C.)of a circular curve, having a radius of 16.00 feet,said point of curvature(P.C.)being the
Southwesterly comer of Lot 6 of referenced Block 11 and the Point of Beginning (P.O.B,)of that part of
29th Street hereinafter described:Thence run Southeasterly and Easterly along the arc of said curve,
along the Northerly tine of 29th Street,through a central angle of 120 degrees 44' 19",a distance of
33.72 feet to a point of reverse curvature(P.R.C.)of a circular curve,concave Southwesterly,and having
a radius of 100.00 feet;the following three(3)courses are along the Northerly line of said 29th Street;
thence run Northeasterly, Easterly and Southeasterly along the arc of said curve,through a central angle
of 99 degrees 01'06" a distance of 172.82 feet to a point of reverse curvature(P.R.C.)of a circular curve
concave Northeasterly,and having a radius of 85.00 feet;thence run Southeasterly along the arc of said
curve,through a central angle of 46 degrees 58'04",a distance of 69.68 feet to a point of reverse
curvature(P.R.C.)of a circular curve,concave Southwesterly,and having a radius of 95.83 feet;thence
run Southeasterly along the arc of said curve,through a central angle of 11 degrees 10'45"a distance of
18.698 feet to the intersection of the Easterly line of Miami Beach Drive,as said Drive is referenced on the
aforementioned Recorded Plat; thence run N.70 degrees 02'49"W.,through said 29th Street, a distance
of 111.44 feet to a point on the exterior boundary of a circular tract having a diameter of 100.00 feet and
.)ying within the confines of 29th Street between Block 8 and Block 11 of the aforementioned Subdivision,
the center of said circular tract bears N. 47 degrees 30' 09"W.from this last described point;thence
Northeasterly,Northerly,Northwesterly,Westerly and Southwesterly along the exterior boundary of said
circular track and along the arc of a circular curve to the left having a radius of 50.00 feat and a central
angle of 202 degrees 32'41"for 176.75 feet to the intersection of the centerline of the aforesaid 29th
Street; thence run N. 70 degrees 02' 49"W. along said centerline, a distance of 25.29 feet to the
intersection of the projection Southerly of the Westerly fine of the aforementioned Block 11;thence run N.
19 degrees 57' 11" E along said Southerly projection, a distance of 99.70 feet to the Point of Beginning
(P.O.B.).
PARCEL 6: (CIRCULAR TRACT)
Metes and Bounds Description of Portion of Circular Curve Tract between Blocks 8 and 11, and East of
Collins Avenue,shown on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, recorded in Plat Book S,Pages 7 and 8, of the Public Records of Miami-Dade
County, Florida,being more particularly described as follows:
Commencing (P.O.C.) at the Point of Curvature (P.C.) of a circular curve, said "P.C." being 70.000 feet
Northerly from the Southwesterly corner of Lot 6, Block 8, AMENDED MAP OF THE OCEAN! FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY; Thence run in a Northerly direction along
the Easterly line of Collins Avenue, extended Northerly, a distance of 100.00 feet to a point on the
centerline of 5th Street(now 29th Street), extended Easterly;thence run in an Easterly direction along a
line deflecting 90 degrees to the right along the centerl line of 29th Street, extended Easterly,a distance of
175;(1 feet to Ftla Dnir2t of l t�enninn (P.O.B.) of the T� of 1 anyi hnrnerj riec�rrff-%ori� caid Point of
Beginning (P.O.B.) being the center of a circle 100.00 feet in diameter. The portion of said circle herein
described by chords of circular segments and their respective middle ordinates is as follows:
From said center of 100.00 foot circle,run in an Easterly direction along the centerline of 29th Street,
produced Easterly,a distance of 40.72 feet to a point on the inside edge of a concrete curb(for the
purposes of this description,the centerline of 29th Street is assumed to be Due East and West);thence
run along the arc of a circular segment,having for its elements,a chard distance of 15.86 feet and
middle ordinate to the left of said chord,of 0.60 feet, bearing of said chord bearing S 14°25'11.4"W;
thence run along the arc of a circular segment,having for its elements,a chord distance of 20.60 feet,
and a middle ordinate to the left of said chord,of 4.40 feet, bearing a said chord being S 7 1138'03.3"W;
thence run along the arc of a circular segment,having for its elements, a chord distance of 36.68 feet
and a middle ordinate to the left of said chord of 3.70 feet,bearing of said chard being S 6801230"W;
thence run along the arc of a circular segment,having for its elements,a chord distance of 37.85 feet
and a middle ordinate to the left of said chord,or 3.75 feet, bearing of said chord being N 67 03823.8"W;
thence run along the arc of a circular segment, having for its elements,a chord distance of 37.89 feet
and a middle ordinate to the left of said chord of 3.75 feet,bearing of said chord being Nf 22'30'00"W,
the Northerly end of said chord being on the centerline of 29th Street,extended Easterly, and 49.50 feet
Due West of the center of said circle;thence nm along the arc of a circular segment, having for its
elements, a chord distance of 37.02 feet and a middle ordinate to the left of said chord,of 4.30 feet,
bearing of said chord being N 26°0020.6"E;thence run along the arc of a circular segment,having for
its elements,a chord distance of 34.74 feet and a middle ordinate to the left of said chord,of 2.80 feet,
bearing of said chord being N 73016`09.5"E;thence along the arc of a circular segment, having for its
elements, a chord distance of 32.85 feet and a middle ordinate to the left of said chord,of 3.62 feet,
bearing of said chord being S 66°2121.4" E;thence run along the arc of a circular segment to the Point
of Beginning(P.D.B.),said segment having for its elements,a chord distance of 31.92 feet and a middle
ordinate to the left of said chord,of 3.58 feet,bearing of said chord being S 19 1,26'48.0" E.
EXHIBIT "B-y"
SKETCH & LEGAL DESCRIPTION
CIRCULAR TRACT
LEGAL DESCR/PT/ON:
Metes and Bounds Description of Portion of Circular Curve Tract between Block 8 and 11,and East of Collins Avenue,shown on
the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,recorded in
Plat Book 5,Pages 7 and 8,of the Public Records of Miami-Dade County,Florida,being more particularly described as follows:
Commencing(P.O.C.)at the Point of Curvature(P.C.)of a circular curve,said"P.C."being 70.00 feet Northerly from the
Southwesterly corner of Lot 6,Block 8,AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY;thence run in a Northerly direction along the Easterly line of Collins Avenue,extended Northerly,a
distance of 100.00 feet to a point on the centerline of 5th Street(now 29th Street),extended Easterly;thence run in an Easterly
direction along a line deflecting 90 degrees to the right along the centerline of 29th Street,extended Easterly,a distance of 125.00
feet to the center of a circle 100.00 feet in diameter;thence continue in an Easterly direction along the centerline of 29th Street,
produced Easterly,a distance of 40.72 feet to a point on the inside edge of a concrete curb,said point being the POINT OF
BEGINNING(P.O.B.#5)of this tract(for the purposes only of this description,the centerline of 29th Street is assumed Due East
and West);thence run along said inside edge of the concrete curb,being along circular arc segments described by chords having
the following chord lengths,middle ordinates and chord bearings as follows:
From said POINT OF BEGINNING(P.O.B.#5)run along the arc of a circular segment,having for its elements,a chord distance of
15.86 feet and a middle ordinate to the left of said chord,of 0.60 feet,bearing of said chord being S14025'1 1.4"W;thence run
along the arc of a circular segment,having for its elements,a chord distance of 20.60 feet,and a middle ordinate to the left of said
chord,of 4.40 feet,bearing of said chord being S7°38'03.3"W;thence run along the arc of a circular segment,having for its
elements,a chord distance of 36.68 feet and a middle ordinate to the left of said chord of 3.70 feet,bearing of said chord being
S68°1 2'30"W;thence run along the arc of a circular segment,having for its elements,a chord distance of 37.85 feet and a middle
ordinate to the left of said chord,of 3.75 feet,bearing of said chord being N673823.8"W;thence run along the arc of a circular
segment,having for its elements,a chord distance of 37.89 feet and a middle ordinate to the left of said chord of 3.75 feet,bearing
of said chord being N22 030'00"W,the Northerly end of said chord being on the centerline of 29th Street,extended Easterly,and
49.50 feet Due West of the center of said circle;thence run along the arc of a circular segment,having for its elements,a chord
distance of 37.02 feet and a middle ordinate to the left of said chord,of 4.30 feet,bearing of said chard being N26°00'20.6"E;
thence run along the arc of a circular segment,having for its elements,a chord distance of 34.74 feet and a middle ordinate to the
left of said chord,of 2.80 feet,bearing of said chord being N73°16'09.5"E;thence along the arc of a circular segment,having for its
elements,a chord distance of 32.85 feet and a middle ordinate to the left of said chord,of 3.62 feet,bearing of said chord being
S66°21'21:4"E;thence run along the arc of a circular segment to the POINT OF BEGINNING(P.O.B.#5),said segment having for
its elements,a chord distance of 31.92 feet and a middle ordinate to the left of said chord,of 3.58 feet,bearing of said chord being
S19 026'48.0"E.
NOTES:
1. The bearing system for the CIRCULAR TRACT is based on the survey by Zurwelle Whittaker Inc.,with the bearing along the
centerline of 29th Street(produced Easterly)assumed to be Due East and West.
2. In the portion of the Legal Description contained in O.R.B.6364-237,there is a mis-identification of the location of the Point of
Beginning (P.O.B.), identifying this point at two different places. These are shown on the sketch. The Circular Tract
mathematically closes by the Legal Description,and the mis-identification of the P.O.B.does not affect the boundary or area.
3. The Legal Description for the"VACATED RIGHT-OF-WAY"as it appears in O.R.B.23426, Page 3774(Exhibit A-3)is not
precisely written for those courses expressly called to track"the inside face of a concrete curb."The description has been'plotted
using the sketch recorded in O.R.B.23426,Page 3774 together with certain data given in the description for each arc,namely,the
radius and central angle,with the orientation of each arc being based on the chord bearing given.However,the resulting plot does
not agree with the alignment of the inside face of the curb as it was measured in the field.One would expect the radius of the arcs
tracking the inside edge of the curb to be something less than 50'(the radius of the platted circular island);however,the radii of
these arcs specified in O.R.B.23426,Page 3774 are substantially more than 50'and the resulting arcs do not fit together to form a
smooth curve.Points called out as a P.C.or a P.C.C.do not in fact have the geometric properties of such points.The plot from the
data in the description is shown with a dashed line hereon.
4. AREA of the subject parcel is 6,770 Square Feet,or 0.1554 Acre,more or less.
5. Client:MARRIOTT INTERNATIONAL,INC.
6. All recording references hereon refer to the Public Records of Miami-Dade County,Florida.
7. Reference is made to a Boundary and Topographic Survey of the Parent Tract by Leiter,Perez&Associates,Inc.,dated 8-9-10
with most recent revision 2-2-11,File No.B-2229A.
8. The subject parcel lies in fractional Section 26,Township 53 South,Range 42 East,City of Miami Beach,Miami-Dade County,
Florida.
9. This is not a survey of any parcel of land.
10.Refer to sheet 2 of 2 for sketch to accompany the legal description.
NOT VALID WITHOUT
THE SIGNATURE AND
LEITER, PEREZ & ASSOCIATES. INC, THIS'SKETCH&LEGAL DESCRIPTION'WAS PREPARED UNDER MY SUPERVISION. THE OR'GINA-' RAISED.TEAL
LAND DEVELOPMENT CONSULTANTS LEITE . EREZ & ASSOCIATES.INC. OF A FLORIDA LICENSED
CIVIL ENGINEERS-LAND SURVEYORS BY: SURVEI'OR AND MAPPER.
LANDPLANNERS-ENVIRONMENTAL G 0FFRFYLEITER,PROFESSIONAL SURVEYOR&MAPPER#6395
520 N.W.165TH ST.RD.,SUITE 209,MIAMI,FLORIDA 33169 STATE OF FLORIDA
MIAMI-DADE(305)652-5133 BROWARD(954)524-2202 FAX:(305)652-0411
E-Mail:office @leiterperezoom WEBSITE:www.leiterperez.com LICENSED BUSINESS No.6787 DATE:2-72012 JOB NO.:12-113 FILE:L-1881(A) SHEET 1 OF 2
EXHIBIT "B-y"
SKETCH & LEGAL DESCRIPTION
CIRCULAR TRACT
5.w '
Z
VACATED AIR RIGHTS
- OF RIGHT-OF-WAY
I LOWER LIMIT 30'VERTICAL ABOVE
Z I ELEV.+7.0'U.S.E.D.BAY DATUM
(SEE NOTES 3 8 4 ON SHEET 1)
LIMIT OF CIRCULAR TRACT
= J
_ J (INSIDE FACE OF CONCRETE CURB)
2.80' SUBJECT PARCEL
5 E %- 3.6 \
C,OR NN>34 j4 C<FN 327 Z7q\
NORTH
SCALE:1"=30"
4.30'
.3.58'
p�� 40 rcn N NOTE:SHADED AREA IS THE PARCEL
/ry 2 `� ?D•
2v Q D
QUIT- TO CITY OF MIAMI
/U0Q-U P.O.B. t\ BEACH,O.R.B.6364,PAGE 237.
(AS CALLED OUT IN N o
29th STREET I - -
LE OR.S.6 -237)DESCRIPTION m
49,50' IN ORB.6364-237)
EAST 125.00• EAST 40.72 \P.0.B. #rJ
(ASSUMED BASIS (AS WRRER OF LE DESCRIPTION
OF BEARINGS) .60' APPARENTLY INTENDED-SEE NOTE
30' I \-,,r ON SHEET 1)
P m CBR=S14*25'11.4-w ————-
3.75' \y12 C.LEN=15.86' /
\0�i9 N
II�
W I \ W
4.40'
!� I C
S G'1�Nea62/ '
O BTN C6R�/
Q I z 3.70'MIDDLE ORDINATE
(TYPICAL)
3.75'
I EDGE OF ASPHALT
J LIMIT OF CIRCULAR TRACT
�J I (INSIDE FACE OF CONCRETE CURB)
0 I
I
AMENDED T OF THE OCEAN FRONT PR RTY OF
f P.O.C. UAW EA °ROVEMENT C�Oo � Y
P.C. P.o. 51 P` S. 7 & °1 D.C.R.
LOT 6 LOT 5
BL 0 C K 8
S.W.CORNER
LOT 6,BLOCK
NOTES:
1. The subject parcel lies in fractional Section 26,Township 53 South,Range 42 East,City of Miami Beach,Miami-Dade County,Florida.
2. This is not a survey of any parcel of land.
3. Refer to sheet 1 of 2 for legal description and additional notes.
LEGEND:
D.C.R. MIAMI-DADE COUNTY PUBLIC RECORDS
LB - LICENSED BUSINESS
P.B. - PLAT BOOK
PG. PAGE
P.O.B. - POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
R/W - RIGHT-OF-WAY
LEITER. PEREZ & ASSOCIATES, INC. REVISIONS
LAND DEVELOPMENT CONSULTANTS 7117111 ATTORNEY REVIEW.
CIVIL ENGINEERS-LAND SURVEYORS 8/20/12 CITY OF MIAMI COMMENTS.
LAND PLANNERS-ENVIRONMENTAL
520 N.W.165TH ST.RD.,SUITE 209,MIAMI,FLORIDA 33169
MIAMI-DADE(305)652-5133 BROWARD(954)524-2202 FAX:(305)652-0411
E-Mail:office @leiterperez.com WEBSITE:www.leiterperez.com LICENSED BUSINESS No.67871 DATE:2-24-2012. 1 JOB NO.:12-113 FILE:L-1881(A) SHEET 2 OF 2
EXHIBI T "B-2"
SKETCH & LEGAL DESCRIPTION
RIGHT-OF-WAY TRACT
LEGAL DESCRIPTION.
A Parcel comprising a portion of the right-of-way of Collins Avenue together with a portion the circular road right-of-way lying between Blocks 8 and
11 as shown on the AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,recorded in
Plat Book 5,Pages 7 and 8 of the Public Records of Miami-Dade County,Florida,said parcel being more particularly described as follows:
Commence at the Southwest corner of said Lot 6,block 8,thence along an assumed bearing due North and along Westerly line of said Lot 6, .
Block 8 for 70.00 feet to the POINT OF BEGINNING#1 of the following described parcel;thence S89°01'03"W for 45.79 feet;thence
N00°58'57"W for 21.56 feet to a point of curvature of a circular curve to the right;thence Northerly,and Northeasterly along the arc of said circular
curve having a radius of 55.13 feet and a central angle of 61°12'05"for 51.61 feet;thence N1 8'32'23"E for 56.82 feet to a point on a circular curve
concave Easterly with the center of said curve bearing N58°46'01"E from the last described point;thence Northwesterly,Northerly and
Northeasterly,along the arc of said circular curve to the right,having a radius of 30.00 feet and a central angle of 42°13'36"for 22.11 feet to a
point of tangency;thence N1 0059'37"E for 14.03 feet;thence N020232TE for 43.16 feet;thence N89 059'59"E radial to the next described curve
concave Northerly for a distance of 18.72 feet;thence Southeasterly,Easterly and Northwesterly,along the arc of said circular curve to the left
having a radius of 16.00 feet and a central angle of 120°44'19"for 33.72 feet to a point of reverse curvature;thence Northeasterly,Easterly and
Southeasterly along the arc a circular curve to the right having a radius of 100.00 feet and a central angle of 99°01'06"for a distance of 172.82
feet to a point of reverse curvature;thence Southeasterly along the arc of a circular curve to the left having a radius of 85.00 feet and a central
angle of 43°18'15"for 64.24 feet;thence S24°58'32"W for 18.24 feet to the point of curvature of a circular curve to the left;thence Southwesterly,
Southerly and Southeasterly,along the arc of said circular curve having a radius of 5.00 feet and a central angle of 84'17'27"for 7.36 feet to a
point of tangency;thence S59°18'55"E for 14.89 feet;thence S30°41'05"W,radial to the next described curve concave Southerly for a distance of
27.45 feet;thence Northwesterly,Westerly and Southwesterly,along the arc of a circular curve to the left having a radius of 61.48 feet and a
central angle of 76°51'24'for 45.83 feet to a point of reverse curvature;thence Southwesterly,Westerly and Northwesterly,along the arc of a
circular curve to the right having a radius of 100.00 feet and a central angle of 89°02'16"for 155.40 feet to a point of reverse curvature;thence
Northwesterly,Westerly,Southwesterly and Southerly along the arc of a circular curve to the left having a radius of 34.72 feet and a central angle
of 132 004'30"for an arc distance of 80.04 feet to the POINT OF BEGINNING#1.
LESS AND EXCEPT
All that portion of that certain Circular Tract lying within the above described Parcel,said Circular Tract being described as follows:
Metes and Bounds Description of Portion of Circular Curve Tract between Block 8 and 11,and'East of Collins Avenue,shown on the AMENDED
MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,recorded in Plat Book 5,Pages 7 and 8,of the
Public Records of Miami-Dade County,Florida,being more particularly described as follows:
Commencing(P.O.C.)at the Point of Curvature(P.C.)of a circular curve,said"P.C."being 70.00 feet Northerly from the Southwesterly corner of
Lot 6,Block 8,AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY;thence run in a
Northerly direction along the Easterly line of Collins Avenue,extended Northerly,a distance of 100.00 feet to a point on the centerline of 5th Street
(now 29th Street),extended Easterly;thence run in an Easterly direction along a line deflecting 90 degrees to the right along the centerline of 29th
Street,extended Easterly,a distance of 125.00 feet to the center of a circle 100.00 feet in diameter;thence continue in an Easterly direction along
the centerline of 29th Street,produced Easterly,a distance of 40.72 feet to a point on the inside edge of a concrete curb,said point being the
POINT OF BEGINNING(P.O.B.#5)of this tract(for the purposes only of this description,the centerline of 29th Street is assumed Due East and .
West);thence run along said inside edge of the concrete curb,being along circular arc segments described by chords having the following chord
lengths,middle ordinates and chord bearings as follows:
From said POINT OF BEGINNING(P.O.B.#5)run along the arc of a circular segment,having for its elements,a chord distance of 15.86 feet and
a middle ordinate to the left of said chord,of 0.60 feet,bearing of said chord being S14°25'1 1.4"W;thence run along the arc of a circular segment,
having for its elements,a chord distance of 20.60 feet,and a middle ordinate to the left of said chord,of 4.40 feet,bearing of said chord being
S7°38'03.3"W;thence run along the arc of a circular segment,having for its elements,a chord distance of 36.68 feet and a middle ordinate to the
left of said chord of 3.70 feet,bearing of said chord being S68°12'30"W;thence run along the arc of a circular segment,having for its elements,a
chord distance of 37.85 feet and a middle ordinate to the left of said chord,of 3.75 feet,bearing of said chord being N67 038'23.8"W;thence run
along the arc of a circular segment,having for its elements,a chord distance of 37.89 feet and a middle ordinate to the left of said chord of 3.75
feet,bearing of said chord being N22 030'00"W,the Northerly end of said chord being on the centerline of 29th Street,extended Easterly,and
49.50 feet Due West of the center of said circle;thence run along the arc of a circular segment,having for its elements,a chord distance of 37.02
feet and a middle ordinate to the left of said chord,of 4.30 feet,bearing of said chord being N26°00'20.6"E;thence run along the arc of a circular
segment,having for its elements,a chord distance of 34.74 feet and a middle ordinate to the left of said chord,of 2.80 feet,bearing of said chord
being N73°16'09.5"E;thence along the arc of a circular segment,having for its elements,a chord distance of 32.85 feet and a middle ordinate to
the left of said chord,of 3.62 feet,bearing of said chord being S66°21'21.4"E;thence run along the arc of a circular segment to the POINT OF
BEGINNING(P.O.B.#5),said segment having for its elements,a chord distance of 31.92 feet and a middle ordinate to the left of said chord,of
3.58 feet,bearing of said chord being S19°26'48.0"E.
Refer to sheet 2 of 2 for sketch to accompany the legal description.
NOT VALID WITHOUT
THE SIGNATURE AND
LETTER, PEREZ & ASSOCIATES, INC*
THIS'SKETCH&LEGAL DESCRIPTION"WAS PREPARED UNDER MY SUPERVISION. THE ORIGINALr2AISED.SEAL
LAND DEVELOPMENT CONSULTANTS LEITH EREZ & ASSOCIATES.INC. of A FLOR�AN LICENSED
CIVIL ENGINEERS-LAND SURVEYORS / SURVEYOR AND MAPPER.
BY
LAND PLANNERS-ENVIRONMENTAL OF LEITER.PROFESSIONAL SURVEYOR 8 MAPPER#6395
520 N.W.165TH ST.RD.,SUITE 209,MIAMI,FLORIDA 33169 STATE OF FLORIDA
MIAMI-DADE(305)652-5133 BROWARD(954)524-2202 FAX:(305)652-0411
E-Mail:office@leilerperez.00m WEBSITE:www.lefterperezcom LICENSED BUSINESS No.67871 DATE:3-14-2012 JOB NO.:12-113 FIT LL-1881(A) SHEET 1 OF 2
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2901 COLLINS AVE.MIAMI BEACH,rL.33142 O
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N BEACH HOTEL N
2901 COLLINS AVE.MIAMI BEACH,FL.33142 0
i
EXHIBI T "C"
SKETCH & LEGAL DESCRIPTION
BEACH ACCESS EASEMENT
LEGAL DESCRIPTION.-
A five(5)foot wide Easement being a portion of Lot 6,Block 11,and a portion of the alley through said
Block 11 extending from the North line of said Block 11 to the Northerly line of Miami Beach Drive,and a
portion of that certain tract or parcel lying south of and adjacent to Lot 1 of Block 11,as shown on the
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY,recorded in Plat Book 5,Page 7 and 8,of the Public Records of Miami-Dade County,Florida,
being more particularly described a follows:
COMMENCE at the Point of Curvature of a circular curve,said Point of Curvature being 70.00 feet
Northerly from the Southwesterly corner of Lot 6 of Block 8 of the above mentioned plat;thence run in a
Northerly direction along the Easterly line of Collins Avenue,extended Northerly,and along an assumed
bearing of due North for 100.00 feet;thence East,along the Easterly extension of 5th Street by plat,but
now 29th Street for 125.00 feet;thence N04 022'43"E for 100.00 feet to a point on the Southerly line of said
Lot 6,Block 11,said point being the POINT OF BEGINNING of the following described easement;said
point also being at the intersection with a circular curve concave Southerly with the center point of said
curve bearing S28°34'26'E from this last described point;thence Northeasterly,Easterly,and Southeasterly
along the arc of said circular curve to the right having a radius of 60.50 feet and a central angle of
52°26'30"for an arc distance of 55.37 feet to a point of compound curvature with the center point of the
next described curve bearing S23°25'13"W from this last described point;thence Southeasterly and
Southerly along the arc of a circular curve to the right having a radius of 55.00 feet and a central angle of
80°45'35"for 77.52 feet to a point on the Northerly right of way line of Miami Beach Drive as shown on the
above mentioned plat,said point lying on a circular curve concave Southwesterly with the center point of
said curve bearing S67°41'25"W from this last described point;thence Northwesterly,along said right of
way line of Miami Beach Drive and along the arc of a circular curve to the left having a radius of 100.00 feet
and a central angle of 4°58'21"for an arc distance of 8.68 feet to a point on circular curve concave
Southwesterly with the center point of said circular curve bearing S83°34'21"E from this last described
point;thence Northerly and Northwesterly along the arc of said circular curve having a radius of 50.00 feet
and a central angle of 73°01'47"for an arc distance of 63.73 feet to a point of compound curvature with the
center point of the next described curve bearing S23 053'16"W from this last described point;thence
Northwesterly,Westerly and Southwesterly along the arc of a circular curve to the left having a radius of
55.50 feet and a central angle of 44 028'15"for 43.08 feet to a point on the South line of said Lot 6,Block 1;
said point being on a circular curve concave Southerly,with the center point of said curve bearing
S09 049'21"W from the last described point;thence Westerly,along the South line of said Lot 6,Block 1 and
along the arc of a circular curve to the left having a radius of 100.00 feet and a central angle of 5°26'38"for
an arc distance of 9.50 feet to the POINT OF BEGINNING.
NO TES:
1. The bearing system for the BEACH ACCESS EASEMENT is based on the survey by Zurwelle Whittaker Inc.,with
the bearing along the centerline of 29th Street(produced Easterly)assumed to be Due East and West.
2. The Legal Description for the"VACATED RIGHT-OF-WAY"as it appears in O.R.B.23426,Page 3774(Exhibit A-3)
is not precisely written for those courses expressly called to track "the inside face of a concrete curb." The
description has been plotted using the sketch recorded in O.R.B.23426,Page 3774 together with certain data given
in the description for each arc,namely,the radius and central angle,with the orientation of each arc being based on
the chord bearing given.However,the resulting plot does not agree with the alignment of the inside face of the curb
as it was measured in the field.One would expect the radius of the arcs tracking the inside edge of the curb to be
something less than 50'(the radius of the platted circular island);however,the radii of these arcs specified in O.R.B.
23426,Page 3774 are substantially more than 50'and the resulting arcs do not fit together to form a smooth curve.
Points called out as a P.C.or a P.C.C.do not in fact have the geometric properties of such points.The plot from the
data in the description is shown with a dashed line hereon.
3. Location and configuration of subject Easement is based on a sketch provided by NBWW Architects.
4. AREA of the subject easement is 599 Square Feet,or 0.0138 Acre,more or less.
5. Client:MARRIOTT INTERNATIONAL,INC.
6. All recording references hereon refer to the Public Records of Miami-Dade County,Florida.
7. Reference is made to a Boundary and Topographic Survey of the Parent Tract by Leiter,Perez&Associates,Inc.,
dated 8-9-10 with most recent revision 2-2-11,File No.B-2229A.
8. The subject parcel lies in fractional Section 26, Township 53 South, Range 42 East, City of Miami Beach,
Miami-Dade County,Florida.
9. This is not a survey of any parcel of land.
10.Refer to sheet 1 of 2 for legal description to accompany the sketch.
NOT VALID WITHOUT
A THE SIGNATURE AND
LETTER, PEREZ 6, ASSOCIATES IIVC.
THIS LEGAL DESCRIPTION'WASPREPAREDUNDERMYSUPERVISION. THE ORIGINAL RAISED SEAL
LAND DEVELOPMENT CONSULTANTS LEITERJUREZ & ASSOCIATES.INC. OF A.FLORIDA LICENSED
CIVIL ENGINEERS-LAND SURVEYORS BY: SURVEYOR AND MAPPER.
LAND PLANNERS-ENVIRONMENTAL G FF L ITER,PROFESSIONAL SURVEYOR&MAPPER#6395
520 N.W.165TH ST.RD.,SUITE 209,MIAMI,FLORIDA 33169 STATE OF FLORIDA
MIAMI-DADE(305)652-5133 BROWARD(954)524-2202 FAX:(305)652-0411
E-Mail:office@leiterperezcom WEBSITE:www.leiterpereze m LICENSED BUSINESS No.6781 DATE:3-6-2012 JOB NO.:12-113 FILE:L-1881(A) SHEET 1 OF 2
EXHIBIT "C"
SKETCH & LEGAL DESCRIPTION
BEACH ACCESS EASEMENT
I
BLOCK -11 i W
I I I -J I
3 R=60.50' 1 J I LOT 7
J
LOT 6 ��� cv A-52"26'3 " Q 14
LU 30' i �yO Q v A=55.37' I ti R=55.00'
A=80"45'35'
Z ; P.O.B.\� I �PC� A=77.52'
UJ ----------- -- --------
A=44°28'15"I vC
R
Q =100.00' I
A=5°26'38" I A=43.08����C, p�
--- A=9.50'
VACATED AIR RIGHTS
I
OF RIGHT—OF—WAY I 29th STr EET R=50.00'
LOWER LIMIT 30'VERTICAL ABOVE PUBLIC R/W AT STREET LEVEL A=73"01'47"
J I ELEV.+7.0 U.S.E.D.BAY DATUM I A=63.73'
0 I i gI SUBJECT
EASEMENT S83"34'21"E`\
I RADIAL
R=100.00'
// m A=4"58'21"
ICI ORTH I N� A=8.68'
SCALER"=30" I j r ZI o0 Q� \� NORTHERLY R/W LINE
OUIT—CLAIMED TO CITY OF MIAMI
BEACH, O.R.B. 6364, PAGE 237.
29th STREET _ _ _ I 49.50'
— — EAST 125.00'
I (ASSUMED BASIS I
30' I OF BEARINGS) L_
C,
c R/W, 50' RADIUS CIRCLE,
UJ I P.B. 5, PG. 7 & 8, D.C.R.
J I �
I � /
to
(n I Z --
I ,
I
J ----- 29th STREET
O I (MIAMI BEACH DRIVE, P.B. 5, PG. 7) /
,--- LOTS P.O.C. LOT 6 _
P.C.
AMEND=/J ADD PLAT OF THE OCR AN FRONT PROPERTY OF
L__'EACH UPROVEMENT COMPANY
UAWO
I FED)
to
S W CORNER P.S.. 5, PGS. 7 * C! D.�.n.
I
I�LOT. 6.,BLOCK8 B L ® C K 8
I
I------------------------------------------------I-------------------------------
NO TES:
1. The subject parcel lies in fractional Section 26,Township 53 LEGEND:
South,Range 42 East,City of Miami Beach,Miami-Dade A= - CENTRAL ANGLE
County,Florida. A= - ARC LENGTH
2. This is not a survey of any parcel of land. D.C.R. - MIAMI-DADE COUNTY PUBLIC RECORDS
3. Refer to sheet 1 of 2 for legal description and additional LB - LICENSED BUSINESS
notes. P.B. PLAT BOOK
P.C. POINT OF CURVATURE
P.R.C. POINT OF REVERSE CURVATURE
P.T. POINT OF TANGENCY
PG. PAGE
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
PCC POINT OF'COMPOUND CURVATURE
R= - RADIUS
R/W RIGHT-OF-WAY
L.EITER, PEREZ ASSOCIATES, INC. REVISIONS:
LAND DEVELOPMENT CONSULTANTS 8/20/12 CITY OF MIAMI COMMENTS.
CIVIL ENGINEERS-LAND SURVEYORS
LAND PLANNERS-ENVIRONMENTAL
520 N.W.165TH ST.RD.,SUITE 209,MIAMI,FLORIDA 33169
MIAMI-DADE(305)652-5133 BROWARD(954)524-2202 FAX:(305)652-0411
E-Mail:office @leilerperezwm WEBSITE:www.leilerperezcom LICENSED BUSINESS No.6787 DATE:3-6-2012 JOB NO.:12-113 FILE:L-1881(A) SHEET 2 OF 2
September 6, 2012
.Mayor and Commissioners
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Re: ,Triton Towers — Letter of Support
Marriott - Redevelopment.of the Seville Hotel —2901 Collins Avenue
Dear Madame Mayor and City Commissioners:
On behalf of the Triton Towers Condominium, located at 2899 Collins
Avenue, we are writing in support of the Marriott redevelopment of the Seville
Hotel at 2901 Collins Avenue.
Representatives from Marriott have met with us on several occasions to
discuss their plans for the property and how the construction and resulting project
may impact our building. As a result of these discussions, Marriott has agreed to
several conditions to mitigate impacts,, which will make our lives easier during
construction. Furthermore,.we believe that their design is far superior to the prior
approval on the site, which was something our board did not fully support.
Specifically, our Board took special interest in the redesign and
improvements :related to the traffic circle and right of way between our building
and the Seville.. After many meetings and discussions with Marriott
representatives, our board was satisfied with the proposed plan that is before you
for approval.
Finally, we are anxious for a reputable company, like Marriott, to improve
what is current a .blighted eyesore in our neighborhood.
Triton Towers fully supports Marriott's request and ask the City to approve
the redevelopment project as soon as possible.
Since ,
r Z_ l
...__...._........._- For the Board of Directors
Triton Towers Condominium Association
G�S7-