2012-28003 Reso RESOLUTION NO. 2012-28003
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK, SUBJECT TO FINAL REVIEW BY THE CITY
ATTORNEY'S OFFICE AND PUBLIC WORKS DEPARTMENT, TO EXECUTE
A GRANT OF EASEMENT FOR AIR RIGHTS WITH CG TIDES, LLC, CO
TIDES VILLAGE, LLC, AND CG TIDES VILLAGE I, LLC, FOR A PROPOSED
ELEVATED PEDESTRIAN BRIDGE SPANNING THE 20-FOOT PUBLIC
RIGHT-OF-WAY OF OCEAN COURT (AT A WIDTH OF 99199, WITH A
MINIMUM VERTICAL HEIGHT OF 16 FEET ABOVE OCEAN COURT).
WHEREAS, CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC,
(collectively, Grantee) are the owners of the 8-story Tides Hotel at 1220 Ocean Drive; a surface
parking lot at 1201 Collins Avenue; the 3-story Molbar Building at 1221 Collins Avenue; and the
2-story Splendor Building at 1225 Collins Avenue (collectively, the Properties); and
WHEREAS, Grantee received approval from the City's Historic Preservation Board
(HPB), pursuant to HPB Order No. 5477, to redevelop the Properties; and
WHEREAS, Grantee wishes to unify the Properties by installing an elevated pedestrian
bridge across the Ocean Court right-of-way, located at the second level of the Tides Hotel, to
connect to the second level of the rear of an approved addition to the Molbar Building; and
WHEREAS, the pedestrian bridge is proposed to be 16 feet above ground-level, with a
width of 9 feet 1 inch (91"); and
WHEREAS, at its regular meeting on April 10, 2012, the HPB, pursuant to HPB Order
No. 7303, approved the proposed pedestrian bridge; and
WHEREAS, the request to construct, operate, and maintain the pedestrian bridge over
the Ocean Court right-of-way was initially submitted to the City by Grantee as a request for a
Revocable Permit; and
WHEREAS, at the June 6, 2012 City Commission Meeting, the City Commission
considered the Grantee's request, but determined that, due to the semi-permanent nature of the
structure, it would be more appropriate to consider the request as a grant of an air rights
easement by the City (i.e. granting Grantee an easement for ingress, egress, transport, use,
installation, maintenance, and repair over the Ocean Court right-of-way for the pedestrian
bridge); and
WHEREAS, at the same Commission Meeting, this matter was also referred to the Land
Use and Development Committee; and
WHEREAS, in addition to consideration of the grant of easement for the pedestrian
bridge, the City Commission also requested that the Committee develop administrative policies
and procedures for future grants by the City of similar aerial, as well as subsurface, easements
involving the long term use/occupancy of public property (i.e., for purposes other than installing
and/or maintaining utilities); and
WHEREAS, at its June 13, 2012 meeting, the Land Use and Development Committee
recommended that the City Commission set a public hearing to consider the granting of an
easement for air rights, based on the Grantee's request; and
WHEREAS, at its July 18, 2012 meeting, the City Commission approved Resolution No.
2012-27950, setting a public hearing to consider Grantee's request; and
WHEREAS, City staff was also directed to obtain an appraisal of the proposed easement
area; the appraised value is $75,000, and shall be paid by Grantee concurrent with its execution of
the Grant of Easement for Air Rights Agreement; and
WHEREAS, following a public hearing on September 12, 2012 to hear public comment on
Grantee's easement request, the City Administration would recommend that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute the Grant of Easement for
Air Rights with Grantor, subject to final review of the Agreement by the City Attorney's Office and
Public Works Department prior to execution.
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, subject to final review by the City Attorney's
Office and Public Works Department, to execute a Grant of Easement for Air Rights with CG
Tides, LLC, ..CG Tides Village, LLC, and CG Tides Village I, LLC, for a proposed elevated
pedestrian bridge spanning the 20-foot public right-of-way of Ocean Court (at a width of 9'1"
with a minimum vertical height of 16 feet above Ocean Court).
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST:
Al� '.,•� ti Herrer ower, ayor
Rafael Granado, 0-ti,
=:INCORP ORATED
APPROVED AS TO v'
FORM & LANGUAGE •'••�
. •�"
& FOR EXECUTION APPROVED AS TO�;,� �� 2�
FORM &LANGUAGE
&FOR EXECUTION
City Attorney Date
aj,-,
ity ttorn Date
T-\AGENDA\2012\9-12-12\Revocable Permits and Easements\1220 Ocean Drive-RESO.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 A Grant Of Easement For Air
Rights With CG Tides, LLC, CG Tides Village, LLC, And CG Tides Village I, LLC For A Proposed
Elevated, Pedestrian Bridge Spanning The 20-Foot Public Right-Of-Way Of Ocean Court (At A Width
Of 9'1"With A Minimum Vertical Height Of 16 Feet Above Ocean Court).
Key Intended Outcome Supported:
Maintain Miami Beach public areas and Right-of-Ways Citywide
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the Mayor and the City Commission approve the Resolution?
• Item Summary/Recommendation:
PUBLIC HEARING
CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC (Applicants) are owners of Tides
Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the Molbar Building at 1221
Collins Avenue, and the Splendor Building at 1225 Collins Avenue (Properties).
The Applicants received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins
Avenue properties and now wish to unify all the Properties with an elevated, pedestrian bridge across
Ocean Court at the second level of the Tides Hotel to connect to the second level of the Molbar
Building. The bridge is proposed to cross the 20-foot width of Ocean Court at a minimum vertical
elevation of 16 feet above the surface grade. At its regular April 10, 2012 meeting, the HPB (pursuant
to HPB Order No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties.
The item was referred to the Land Use Committee and the Finance and Citywide Projects Committee
for policy direction. At the June 13, 2012 Land Use Committee meeting, it was determined that an
easement was the more appropriate instrument for allowing an aerial bridge across City right-of-way
and that the Commission should set a public hearing to execute a grant of easement.
At the June 28, Finance and Citywide Projects Committee, it was recommended to use the fee simple
methodology for valuation of this easement with flexibility to adjust the valuation when appropriate,
based on recommendations from the City appraiser.
At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012-27950, the
Commission set a public hearing for the September 12, 2012 Commission meeting.
Staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section
82-38 of the City Code for the proposed sale or lease of City property. The City has determined that
the criteria are satisfied. If approved, this agreement will be executed upon payment by Applicant, in
the appraised value of$75,000.
THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION EXECUTE THE GRANT
OF EASEMENT.
Advisory Board Recommendation:
r-Approval by HPB, LUDC, and FCWPC
Financial Information:
Source of Amount Account Approved
Funds:
2 .
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
FHB/RWS, Public Works 6565
Sign-Offs:
'Department'Dire or Assistapt City Manager City Manager
FHB JGG KGB
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1 12TOcean Drive-SUMMARY.docx
MIAMI 1"3` 1EA&%NA0-.N%#H ,AGENDA ITEM P? C
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 Co mission
PUBLIC HEARING
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 A GRANT OF EASEMENT FOR
AIR RIGHTS WITH CG TIDES, LLC, CG TIDES VILLAGE, LLC, AND CG
TIDES VILLAGE I, LLC FOR A PROPOSED ELEVATED, PEDESTRIAN
BRIDGE SPANNING THE 20-FOOT PUBLIC RIGHT-OF-WAY OF OCEAN
COURT (AT A WIDTH OF 991" WITH A MINIMUM VERTICAL HEIGHT OF
16 FEET ABOVE OCEAN COURT).
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission execute the grant of easement.
BACKGROUND
CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC (Applicants) are owners of
the 8-story Tides Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the
3-story Molbar Building at 1221 Collins Avenue, and the 2-story Splendor Building at 1225
Collins Avenue (Properties).
The Properties are located in the MXE Zoning District, the Ocean Drive/Collins Avenue Local
Historic District, and the National Register Architectural District. All three buildings: the Tides
Hotel designed by L. Murray Dixon and built in 1936, the Molbar designed by Henry Hohauser
and constructed in 1939, and the Splendor designed by M.J. Nadel and R.M. Norden and built
in 1936, are contributing historic structures, which require review and approval by the Historic
Preservation Board (HPB) for any re-development.
The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to
redevelop the Collins Avenue properties, to be known as the Tides Village. The Applicants now
wish to unify all the Properties, and have the main entry through the grand fagade and lobby of
the Tides Hotel on Ocean Drive. To achieve this, the Applicants proposed an elevated,
pedestrian bridge (Attachment A) across Ocean Court at the second level of the Tides Hotel, to
connect to the second level of the rear of an approved addition to the Molbar Building. The
bridge is proposed to cross the entire 20-foot width of the City-owned right-of-way at Ocean
Court, at a minimum vertical elevation of 16 feet above the surface grade (Attachment B). At its
City Commission Memorandum— 1220 Ocean Drive Revocable Permit
September 12, 2012
Page 2 of 5
regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303) approved the
proposed elevated, pedestrian bridge to connect the Properties.
Following submittal of an application for a Revocable Permit to the Public Works Department,
on May 9, 2012, the City Commission approved Resolution No. 2012-27900 setting a public
hearing for the June 6, 2012 Commission Meeting to consider the proposed Revocable Permit,
as required pursuant to City Code Section 82-93. However, at the public hearing, this issue was
referred to the Land Use Committee and the Finance and Citywide Projects Committee for
policy direction.
At the June 13, 2012 Land Use Committee meeting, it was determined that:
1. An easement was the more appropriate instrument for allowing an aerial bridge across
the City right-of-way.
2. The value of the easement should be determined via an appraisal conducted for the
City and paid for by the Applicants.
3. The Commission should set a public hearing to consider granting the easement.
At the June 28, Finance and Citywide Projects Committee, it was recommended to use the fee
simple methodology for valuation of this easement with flexibility to adjust the valuation when
�4
appropriate, based on recommendations from the City appraiser. An appraisal prepared by
Waronker& Rosen, Inc., on June 27, 2012, estimates the value of the easement to be $75,000.
At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012-27950, the
Commission set a public hearing for the September 12, 2012 Commission meeting.
ANALYSIS
The City Code does not provide expressingly for procedure for omitting easements. Therefore,
although not required, but provided herein for the purpose of giving the City Commission
guidance as to the appropriateness of Applicant's request, staff has reviewed the proposed
grant of easement for the pedestrian bridge, 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. The proposed use of the adjacent properties is consistent with the future land use
category description contained in the Comprehensive Plan.
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.
City Commission Memorandum— 1220 Ocean Drive Revocable Permit
September 12, 2012
Page 3 of 5
Satisfied. The Applicants own the properties on either side of the proposed easement, and
the easement should enhance the property values. There will not be any impact on City
utilities, which are below ground. Other above ground utilities will be relocated as part of the
development. The elevation and narrow width (91") of the bridge provides unimpeded
access in the event the City or any utility company may need to access any below ground
easement. The easement is above Ocean Court, so there will not be any traffic impacts.
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 Applicants have agreed to pay the City $75,000, which is the fee simple
valuation appraisal prepared by Waronker & Rosen on behalf of the City. Further, granting
the permit will enhance the security of the neighborhood by facilitating the unification of the
Tides Hotel and Tides Village with safe and appropriate access. The bridge will remove
unnecessary foot traffic and luggage handling activity from the City's sidewalks and not
impede vehicular access along Ocean Court. The covered bridge will also provide shade
and protection from the elements.
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. At its regular April .10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303)
determined that this use is in keeping with the surrounding neighborhood and approved the
proposed elevated, pedestrian bridge to connect the Properties.
5) The impact on adjacent pro_ perties, whether or not there is adequate parking, street and
infrastructure needs.
Satisfied. There will not be any adverse impacts to adjacent properties other than those
owned by the Applicants.
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. This proposed aerial easement was referred to the Land Use and Development
Committee and the Finance and Citywide Project Committee for policy direction. At those
meetings, it was determined that the consideration for granting this easement should be
heard at a public hearing and that the Applicants should pay the assessed value of the
easement. The Waronker and Rosen Inc. firm has prepared an appraisal of the aerial
easement, and estimates its value at $75,000.
As this application was originally referred as a Revocable Permit, staff also -reviewed the
appropriateness of the proposed pedestrian bridge, pursuant to the criteria established under
Section 82-94 of the City Code for the granting/denying of revocable permits. (Again, while not
required, the analysis below is provided as further guidance to the Commission in considering
the proposed requests):
City Commission Memorandum— 1220 Ocean.Drive Revocable Permit
September 12, 2012
Page 4 of 5
1) That the applicant's need is substantial.
Satisfied. Granting the permit will enhance the security of the neighborhood by facilitating
the unification of the Tides Hotel and Tides Village with safe and appropriate access. The
bridge will remove unnecessary foot traffic and luggage handling activity from the City's
sidewalks and not impede vehicular access along Ocean Court. The covered bridge will also
provide shade and protection from the elements..
2) That the applicant holds the title to an abutting property.
Satisfied. The applicant is the Fee Simple Owner of the properties located at 1220 Ocean
Drive and 1201, 1221 and 1225 Collins Avenue and the properties are adjacent to Ocean
Court.
3) That the proposed improvements comply with applicable codes, ordinances, regulations,
and neighborhoods plans and laws.
Satisfied. The proposed elevated pedestrian bridge will be constructed in accordance with
the relevant sections of the Code of the City of Miami Beach and the Florida Building Code,
including proper elevation for service emergency vehicles.
4) That grant of such application will have no adverse effect on governmental/utility easements
and uses on the property.
Satisfied. The bridge does not impact any governmental use of the property as it is elevated
16' above ground-level. Above ground utilities will be relocated as part of the development.
The elevation and narrow width (91") of the bridge provides unimpeded access in the event
the City or any utility company may need to access any below ground easement.
5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of reasonable use of the
land, structure or building for which the Revocable Permit is sought arising out of special
circumstances and conditions that exist, and were not self-created, and are peculiar to the
land, structures or buildings in the same zoning district, and the grant of the application is
the minimum that will allow reasonable use of the land, structures, or building.
b. That the grant of revocable permit will enhance the neighborhood and/or community by such
amenities as, for example, enhanced landscaping, improved drainage, improved lighting and
improved security.
Satisfied. The Applicants have agreed to help fund the construction of a "green" alley
adjacent to their properties that will improve the appearance and drainage of Ocean Court.
Further, granting the permit will enhance the security of the neighborhood by facilitating the
unification of the Tides Hotel and Tides Village with safe and appropriate access. The bridge
will remove unnecessary foot traffic and luggage handling activity from the City's sidewalks
and not impede vehicular access along Ocean Court. The covered bridge will also provide
shade and protection from the elements.
City Commission Memorandum— 1220 Ocean Drive Revocable Permit
September 12, 2012
Page 5 of 5
6) That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures, or building subject to similar
conditions.
Satisfied. The safety and security of guests of any property requires appropriate measures,
especially at commercial establishments such as hotels. Granting the permit provides the
means for the applicant to ensure the safety of the hotel guests traveling between the hotel
buildings. Granting the permit will not confer any special privilege on the applicant that
would otherwise be denied to others similarly situated in the same zoning district.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article III of the City Code, and that such revocable permit will not be injurious to
surrounding properties, the neighborhood, or otherwise detrimental to the public.welfare.
Satisfied. The elevated bridge will comply with all Code regulations and maintain the
present service uses along Ocean Court while ensuring the safety of hotel guests and all
users of the City rights-of-way. As such, it will neither be injurious to the surrounding
properties nor detrimental to the public welfare.
The Administration and Applicant have negotiated a Grant of Easement for Air Rights
(Attachment C). If approved, this agreement will be executed upon payment by Applicant, in the
appraised value of$75,000.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the Mayor and
City Clerk to execute a Grant of Easement for Air Rights with CG Tides, LLC, CG Tides Village,
LLC, and CG Tides Village I, LLC for a proposed elevated, pedestrian bridge spanning the 20-
foot public right-of-way of Ocean Court (at a width of 9'1" with a minimum vertical height of 16
feet above ocean court).
Attachments:
A- Rendering of proposed bridge
B- Sketch and Legal description of the encroachment
C- Draft Easement Agreement
KGB/JGG/FHB/JJ F/RWS/DEF
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TIDES BRIDGE CONNECTION
TIDES BRIDGE CONNECTION
FROM ELEV. 22.75' TO
ELEV 33.25' N.G.V.D. 1,929
I (181.6 sq.ft)
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SCALE I"=20' SHEET 1 OF 2 SHEETS
_S ef261, crz _�7" REVISIONS
LAND SURVEYORS-ENGINEERS-LAND PLANNERS 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 AX No. (954)438-3288
ORDER NO. 199849 PREPARED ER 0 SU RVISION:
DATE: APRIL 27, 2012
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, SEC'Y. & TREAS.
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
AllvcAmenf 9 (cad)
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
TIDES BRIDGE CONNECTION
A PORTION OF 20 FOOT PUBLIC ALLEY (OCEAN COURT), OCEAN BEACH, FLA, ADDITION
NO. 2, BLOCK 17, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT
PAGE 5.6 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHEAST CORNER OF LOT 9., BLOCK 17, OCEAN BEACH, FLA,
ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT
PAGE 56 OF THE PUBLIC RECORDS OF MIAMI—,DADS COUNTY, FLORIDA; THENCE NORTH 00
DEGREES 00 MINUTES 35 SECONDS EAST, ALONG THE EAST LINE OF LOTS 9 THROUGH 11
OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2, FOR 139.39 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH DO DEGREES 00 MINUTES 35
SECONDS EAST FOR 9.08 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 25 SECONDS
EAST FOR 20.00 FEET TO THE WEST LINE OF LOT 6 OF BLOCK 17 OF SAID PLAT OF
OCEAN BEACH, FLA, ADDITION NO. 2 THENCE SOUTH DO DEGREES 00 MINUTES 35
SECONDS WEST, ALONG SAID LINE FOR 9.08 FEET; THENCE NORTH 89 DEGREES 59
MINUTES 25 SECONDS WEST FOR 20.00 FEET TO THE POINT OF BEGINNING. SAID BRIDGE
CONNECTION LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22.75 FEET AND
ELEVATION 33.25 FEET NATIONAL GEODETIC VERTICAL DATUM 1929 SAID AREA CONTAINING
181.6 SQUARE FEET
LYING AND BEING IN SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF
MIAMI BEACH, MIAMI— DADE COUNTY, FLORIDA.
NORTH
1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 35
SECONDS EAST ALONG THE EAST LINE OF LOTS 9 THROUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN
BEACH, FLA, ADDITION NO. 2.
2) ORDERED BY- BERCOW RADELL & FERNANDEZ, P.A.
3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF
THE ATTESTING PROFESSIONAL LAND SURVEYOR.
c� SHEET 2 OF 2 SHEETS
REVISIONS
LAND SURVEYORS-ENGINEERS-LAND PLANNERS - 3240 .CORPORATE. WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)4 3288
ORDER NO. 199849 PREPARED R MY SUPERVI '
DATE: APRIL 27, 2012-
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, SECY...& TREAS.
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
ATTACHMENT C
(TO BE SUBMITTED AS SUPPLEMENTAL)
i
CITY'S REVISED DRAFT
9-10-12
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I
This Instrument Was Prepared By,
and After Recording, Return To:
Gary M. Held, Esquire
City Attorney's Office
1700 Convention Center Dr., 4th Floor
Miami Beach, FL 33139
GRANT OF EASEMENT FOR AIR RIGHTS
This Grant of Easement for Air Rights (the Easement" or the "Agreement") is made and entered
into as of the day of , 2012, by the CITY OF MIAMI BEACH ("City"), a
municipal corporation.duly organized and existing under the laws of the State of Florida,having an
address at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Grantor"), in favor of
CG TIDES, LLC, a Florida Limited Liability Company, having an address at 3200 Stirling Road,
Hollywood, Florida 33021; CG TIDES VILLAGE, LLC, a Florida Limited Liability Company,
having an address at 3200 Stirling Road., Hollywood, Florida 33021; and CG TIDES VILLAGE I,
LLC, a Florida Limited Liability Company,having an address at 3200 Stirling Road, Hollywood,
Florida 33021 (collectively "Grantee").
RECITALS
A. Grantee is the fee owner of the Tides Hotel (1220 Ocean Drive) and the Tides
Village (1201, 1221 and 1225 Collins Avenue) and the real property on which they are located,
which real property is legally described on Exhibit "A" attached hereto and made a part hereof
(the "Hotel Property").
B. The right-of-way of Ocean Court located between the Tides Hotel and the Tides
Village as legally described in Exhibit"B"attached hereto and made a part hereof,was dedicated
by plat to Grantor as a public right of way; this dedication also includes the air rights over the
Ocean Court right-of-way (hereinafter, the air rights over the Ocean Court right of way are
hereinafter referred to as the"Easement Area").
C. At its regular meeting on , the City's Historic Preservation Board (HPB),
pursuant to HPB Order No. _, attached hereto and made a part hereof as Exhibit "C",
approved the installation by Grantee of an elevated pedestrian bridge located 16 feet above the
surface of the Ocean Court right of way (that is, within the Easement Area), for the purpose of
connecting the second floor levels of the Tides Hotel and the Tides Village (the "Pedestrian
Bridge").
D. Grantor has agreed to grant an easement to Grantee for the sole purpose of ingress,
egress, transport, installation, maintenance, and repair across, over and through the Easement
Area, as may be required by Grantee in connection with its operation and use of the Pedestrian
Bridge.
1
i
CITY'S REVISED DRAFT
9-10-12
E. Grantee shall bear any and all costs of installation, maintenance, utilities,
replacements, repairs, taxes, insurance and any and all other costs and expenses involved in its t
operation and use of the Pedestrian Bridge(the "Operating Costs").
F. As additional consideration for this grant of Easement, Grantee shall also pay a
one-time contribution to Grantor, in.the amount of seventy five thousand and 00/100 dollars
($75,000), to be used by Grantor toward the designed construction of a "Green Alley" (as
hereinafter defined)for the portion of Ocean Court from the north side of 12 h Street to the northern
boundary of the Tides Hotel.
NOW,THEREFORE, in consideration of the sum of Ten Dollars($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are
i incorporated as if fully set forth herein.
2. Easement. Grantor hereby grants to Grantee, for the use and benefit of Grantee,its
successors and assigns and its agents, employees and invitees an easement over, across and
through the Easement Area solely for ingress, egress, transport, use, installation, operation,
maintenance, replacement, and repair of the Pedestrian Bridge. Hereafter, unless specified to the
contrary, use of the term "Pedestrian Bridge" shall include the electrical and utility connections
and associated equipment for proper operation of the Pedestrian Bridge,including lighting and fire
sprinkler systems. The surface of the Ocean Court right of way, up to a height of 16 feet, will at
all times remain unobstructed for its continued use by Grantor and the public as a dedicated public
right of way (which uses shall include, without limitation, pedestrian and vehicular activity).
Grantee shall exercise its easement rights hereunder without interfering with the continued use of
the Ocean Court right of way by Grantor and/or the public as a dedicated public right of way.
3. Green Alley Contribution. As further consideration and inducement for Grantor's
grant of this Easement, Grantee shall pay to Grantor, concurrent with its execution of this
Agreement,a one-time contribution,in the amount of$75,000. Said contribution shall be used by
Grantor, in its sole and reasonable discretion and as it deems necessary, toward the designed
construction_of a"green alley" for the portion of Ocean Court from the north side of 12th Street,to
the northern boundary of the Tides -Hotel property ("Green Alley"). Grantor shall be solely
responsible for, and shall have sole discretion to determine the means, manner, and methods of '
design and construction of the Green Alley.
4. Maintenance. Grantee agrees to install, use, operate, maintain, repair and replace
the Pedestrian Bridge, or necessary portions thereof, so that same is at all times in good working
order and condition and free of material defects, subject only to occasional interruption of service
due to(i) ordinary wear and tear and use thereof, (ii)routine or extraordinary maintenance, repair
or replacement; or (iii) events beyond Grantee's reasonable control. Grantee shall have the right
to select the contractor(s) of its choice in connection with all aspects of installation,maintenance,
repair,and replacement of the Pedestrian Bridge;provided,however,that all agreements with such
contractor(s) shall be bona-fide, arms-length agreements for services at usual and customary rates
and shall be subject to the prior approval of Grantor, which approval shall not be unreasonably
withheld. After completion of any work by Grantee, Grantee shall, at its sole cost and expense,
immediately restore the roadway surface of the Ocean Court right of way to the condition in which
it existed immediately prior to the performance of such work(the cost of which shall be included
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CITY',S REVISED DRAFT
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a in Operating Costs).
The Grantor may maintain,'.repair and replace necessary- portions of the surface of the
Ocean Court right.of way and/or utilities and other.easements on,above or below the right of way,
as it.deems necesary, in its sole and reasonable discretion. In the event that the Pedestrian
.Bridge is damaged during any such maintenance, repair or replacement, the Grantor shall work
with the Grantee to make all necessary repairs to the Pedestrian Bridge at Grantor's sole expense.
Grantee shall use best efforts to: (a) avoid causing any damage to or unreasonable interference
with the Ocean Court right of way; and(b) minimize any disruption or inconvenience to Grantor
i and the public in their.use of Ocean Court as a dedicated public right of way.
5. -Payment Covenants. Grantee as the sole user of the Pedestrian Bridge shall be
responsible for any and all Operating Costs of the Pedestrian Bridge. Grantor shall be responsible
for any costs associated with damage to the Pedestrian Bridge resulting from Grantor's
maintenance,repair or replacement of portions of the Ocean Court right of way or utilities or other
easements in the right of way:
6. Term. The term of this Easement shall be perpetual unless terminated by the parties
in a writing executed by both. This Easement shall not merge with any deed to the Hotel Property or
any part.thereof but shall survive for the term(Term)described herein.
7. Successors and Assigns. This Agreement shall bind, and the benefit thereof shall
inure to the respective successors and assigns of the parties hereto.
8. Limitation. It is the intention of the parties hereto that this Agreement shall be
limited to and utilized for the purposes expressed,herein and only for the benefit of the persons and
properties-named herein. The roadway surface of the Easement Area shall continue to be used for
appropriate pedestrian and vehicular activity, except as necessary during times of installation,
maintenance,repair or replacement of the Pedestrian Bridge by Grantee,or maintenance,repair or
replacement of the surface of the Easement Area or utilities or other easements in the Easement
Area by Grantor.
.9. Indemnification..
A. Grantee. shall indemnify and hold harmless Grantor, 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-Grantee, and/or its officials; employees, contractors, and agents; and
including, but not limited to, any violation by the Gran_tee, 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
Grantee, and/or its officials, employees, contractors, and;agents; the failure of Grantee, and/or its
officials,employees,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
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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 Grantor and arising out of the failure. of Grantee, 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 Grantee, and/or its officials, employees, contractors, and
agents.
B. Grantee shall also, as part of the indemnification provided to Grantor pursuant to
this Section 9,defend any and all claims asserted against Grantor resulting from, arising out of,or
incurred in connection with the existence and/or use of the Easement and the Easement Area by
Grantee, and/or its officials, employees, contractors, and agents. Grantee shall be entitled to select
counsel of Grantee's choice to defend the claim;provided,however,that such counsel shall first be
approved by Grantor's City Attorney, which approval shall not be unreasonably conditioned,
withheld, or delayed; arid, provided further, that the Grantor 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 9,to the extent that if any other provisions and/or subsections of
this Section 9 are deemed invalid and/or unenforceable,this duty to defend provision shall remain
in full force and effect.
C. Notwithstanding anything contained in Section 9 to the contrary, Grantee shall not
be obligated or liable to Grantor, or any third parties, for any costs, liabilities, expenses, losses,
claims or damages, with respect to third party claims resulting from the gross negligence,
recklessness or willful misconduct of Grantor or its officials, employees, contractors, and agents.
D. The indemnity and defense obligations set forth in this Section 9 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
i existence and use of the Easement and the Easement Area by Grantee and/or its officials,
employees, contractors,and/or agents.
10. Default.
A. Default by Grantee. In the event of a default by Grantee in the maintenance,
operation or repair of the Pedestrian Bridge; Grantor shall give written notice to Grantee,
specifying the nature of such default. Grantee shall have a period ten(10)days following receipt of
said notice in which to remedy the default (or such longer time as may be necessary and
reasonable, provided Grantee shall have commenced a cure within said 10-day period and is
diligently and continuously prosecuting same); failing which Grantor shall have the right to enter
upon the Easement Area, for the limited purpose of effecting the required repair or maintenance of
the Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an
emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of
such default shall be accelerated to be a period of time which is reasonable in light of the nature of
the emergency. All costs incident to curing a default by Grantee under this subsection A shall be
4
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CITY'S REVISED DRAFT j
9-10-12
i
the sole responsibility and obligation of, and accordingly, shall be borne by,the Grantee.
B. Default by Grantor. In the event of a default by Grantor in the repair of the
Pedestrian Bridge resulting from damage caused by Grantor to the Pedestrian Bridge pursuant to
Grantor's activities under Section 3 hereof,Grantee shall give written notice to Grantor,specifying
the nature of such default. Grantor shall have a period often (10) days following receipt of said
notice in which to remedy the default (or such longer time as may be necessary and reasonable,
provided Grantor shall have commenced a cure within said 10-day period and is diligently
prosecuting same),failing which Grantee shall have the right to effectuate the required repair of the
Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an
emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of
such default shall be accelerated to be a period of time which is reasonable in light of the nature of
the emergency. All costs incident to repair of the Pedestrian Bridge shall be borne by the Grantor.
11. Enforcement. In the event it becomes necessary for any party to defend or institute
legal proceedings as a result of the material failure of either party to comply with the terms,
covenants and conditions of this Agreement, the prevailing party in such litigation shall recover
from the other party all costs and expenses incurred or expended in connection therewith,
including, without limitation, reasonable attorneys' fees and costs, at all levels.
12. Venue; Jurisdiction. This Agreement shall be governed and construed in all
respects in accordance with the laws of the State of Florida, without regard to its conflict of laws
provisions. Further, all parties hereto agree to avail themselves of and submit to the personal
jurisdiction of the Courts of the State of Florida in Miami-Dade County.
13. Interpretation. No provision of this Agreement will be interpreted in favor of, or
against, any of the parties hereto by reason of the extent to which any such party or its counsel
participated in the drafting thereof or by reason of the extent to which any such provision is
inconsistent with any prior draft hereof or thereof.
14. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which,taken together,shall constitute a single
document.
15. Notices. All notices, demands, requests or other communications required or
permitted to be given hereunder shall be deemed delivered and received upon actual receipt or
refusal to receive same, and shall be made by United States certified or registered mail, return
receipt requested or by hand delivery, and shall be addressed to the respective parties at the
addresses set forth in the preamble to this Agreement.
16. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto relating in any manner to the subject matter of this Agreement. No prior agreement
or understanding pertaining to same shall be valid or of any force or effect, and the covenants and
agreements herein contained cannot be altered, changed or supplemented except in writing and
signed by the parties hereto.
17. Severability. If any clause or provision of this Agreement is deemed illegal,invalid
or unenforceable under present or future laws effective during the term hereof,then the validity of
the remainder of this Agreement shall not be affected thereby and shall be legal, valid and
enforceable.
5
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t
IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of
the-date and year first set forth above.
Signed,sealed and.delivered GRANTOR:
in the presence of: CITY OF MIAMI BEACH,a Florida
municipal corporation
By: _
Print Name _ Name:
Title:
' Print Name
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE)
i
The foregoing instrument was acknowledged before me this day of
2012, by _ , as of the City of
Miami Beach, a Florida municipal corporation on behalf of such municipal corporation, who is
personally known to me or has produced a driver's license as identification.
jPrint or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
i
APPROVED AS TO
FORM&LANGUAGE
! &FOR EXECUTION
City Attorney Date
j 6
CITY'S REVISED DRAFT
9-10-12
IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed, sealed and delivered GRANTEE:
in the presence of: CG TIDES,LLC,
a Florida Limited Liability Company
I
By:
Print Name Name:
Title:
Print Name
I
STATE OF FLORIDA )
I • )1JCC4`.
.
COUNTY OF MIAMI-DADE)
I
The foregoing instrument was acknowledged before me this day of
a 2012) by J , as _ of CG Tides,
LLC, a Florida Limited Liability Company on behalf of such corporation,who is personally known
j,
to me or has produced a driver's license as identification.
1
j
II
Print or Stamp Name:
a Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
f
I
I
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CITY'S REVISED DRAFT
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II
1
IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of
the date and year first set forth above.
Signed, sealed and delivered GRANTEE:
in the presence of: CG TIDES VILLAGE,LLC,
a Florida Limited Liability Company
By:
Print Name Name:
Title:
Print Name
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADS)
The foregoing instrument was acknowledged before me this day of ,
i 2012, by _ as of CG Tides
Village,LLC,a Florida Limited Liability Company on behalf of such corporation,who is personally
known to me or has produced a driver's license as identification.
' Print or Stamp Name:
I
Notary Public, State of Florida at Large
Commission No.:
i . My Commission Expires:
I
I
e
i
I p
U
i
I
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CITY'S REVISED DRAFT
9-10-12
i
IN WITNESS WIEREOF,the parties hereto have duly executed this Grant of Easement as of ;
the date and year first set forth above.
Signed,sealed and delivered GRANTEE:
in the presence of: CG TIDES VILLAGE I,LLC,
a Florida Limited Liability Company
By:
Print Name Name:
Title:
Print Name
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DARE)
The foregoing instrument was acknowledged before me this day of ,
2012) by as of CG Tides
Village I, LLC, a Florida Limited Liability Company on behalf of such corporation, who is
personally known to me or has produced a driver's license as identification,
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
I My Commission Expires:
9
CITY'S REVISED DRAFT
9-10-12
EXHIBIT"A" ;)
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Hotel Property
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_ SI REVISED DRAFT
- 9.10.12
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' . EXHIBIT«B" . ' .
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18NE I THURSDAY,AUGUST 23,2012 NE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that_a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission
Chambers,3rd Floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,September 12,2012 at 10:55 A.M.,
To Consider Granting An Aerial Ease_ment Agreement With CG Tides, LLC', CG Tides Village, LLC, CG Tides Village I, LLC And CG
Tides Village II, LLC,As The Owners Of The Properties Located At 1220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For
A Proposed Elevated,Covered Pedestrian Bridge That Spans The 20-Foot Public Right-Of-Way Of Ocean Court At A Width Of 9'1"With
A Minimum Vertical Height Of 16 Feet Above Ocean Court.
i
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 1st Floor,City Hall,Miami Beach,Florida 33139.Copies of this item are
available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive l st Floor,City Hall,Miami
Beach,Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not be provided.
Rafael E.Granado,City Clerk
i
City of Miami Beach
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 accessible format, sign language interpreters, information on access for persons with disabilities, and/or
any accommodation to review any document or participate in any City-sponsored proceeding, please contact-us'five days in advance
at(305)673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
Ad#729
M I AM I BEAC H
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
,NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach,in the Commission Chambers,
3rd Floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,September 12,2012 at 10:45 A.M.,To Consider
Granting An Easement To Collins 3300,LLC And 3420 Collins Avenue.LLC,Owners Of The Properties Located At 3301 Indian Creek Drive,
3400 Collins Avenue And 3420 Collins Avenue,For A Proposed Subsurface Parking Garage,That Spans The Entire Width Of The 50-Foot
Public Right-Of-Way Of 34th Street For A Length Of Approximately 93 Feet,Pursuant To The Procedures And Standards Recommended By
The Land Use And Development Committee,And Finance And Citywide Projects Committee.
Inquiries may be directed to the Public Works Department at(305)673-7080. r
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,1st Floor,City Hall,Miami Beach,Florida 33139.Copies of this item are
available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive l st Floor,City Halr,Miami
Beach,Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not be provided.
Rafael E.Granado,City Clerk.
City of Miami Beach
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 accessible format,sign language interpreters,information on access for persons with disabilities,and/or
any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance
at(305)673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
Ad#728