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Declaration RE Improvement & Maintenance of Traffic Circle Areas ,2777z,. 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 ayil ? 2013 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 i 1 I 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 p 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 2 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 I 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 terrninate 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 ermit or approval prior p pp p 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. -7 d, , 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 p arties 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 resented to the Director,or, 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,to p y 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 11 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] 12 OWNER: Signed, Sealed and Delivered In Our Presence: Seville Acquisition, LLC, a Delaware limited liability company By: Courtyard Management Corporation, its sole.member 'A Name: -TT-M f f•� Title: v2-c-SE- CITY: Signed, Sealed and Delivered In Our Presence: City of Miami Beach, Florida, a municipality of the State of Florida A) UCJ174 By4i6A : �= 6 6-V-//� � . Name: M4 i. Yee' Ev we r // Title: �./ /Q Public Works f)irector Dated OVED AS TO FORM ''•. •� ITEST & L GU &FOR -- :{ EXE Tl •I,� 'OD r �� ;T�n O A�� C� A ORNE DATED ' F:\ATTO\HELG\Agreements\Seville Traffic Circle\Declaration re_ fir pro�ents rev 9-6-12.doc 13 r EXHIBIT A Legal Description of Master Parcel 11 EXHIBIT A LEGAL DESCRIPTION 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 1-1; as shown upon the Plat of THE OCEAN FRON T 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 line 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!:ne 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 Book 105, at Page 52, 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.0.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 by 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 BEAC!-IMPROVEMENT COMPANY,as shown on the amended map thereof, recorded in Plat Book 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 Norther) of the above described Southerly Y e ly 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; Page 1 EXHIBIT B-1 Depiction and Legal Description of'Traffic Circle 12 EXHIBIT nA" SKETCH & LEGAL DESCRIPTION CIRCULAR TRACT LEGAL DES CRIPT/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 S14°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 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°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 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. 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 ties 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 LETTER. PER.EZ & ASSOCIATES.INC. THIS"SKETCH&LEGALDESCRIPTION'WAS PREPARED UNDERMYSUPERVISION. THE ORIGINAL RAISED SEAL LAND DEVELOPMENT CONSULTANTS LEITERPEREZ & ASSOCIATES.INC. OF A FLORIDA LICENSED CIVIL ENGINEERS-LAND SURVEYORS BY: SURVEYOR AND MAPPER. LAND PLANNERS-ENVIRONMENTAL GEOFFREY LEITER. PROFESSIONAL SURVEYOR&MAPPER#6395 520 N.W.165TH ST.RD.,SUITE 209,MIAMI,FLORIDA 33169 STATE OF FLORIDA MIAMI-OADE(305)652-5133 BROWARD(954)524-2202 FAX:(305)652-0411 E-Mail:ofice @Ieiterpefezoom WEBSITEwww.leterperez.mm UCENSED BUSINESS No.67871 DATE:2.24-2012 1 JOB NO.:12-113 FILE: -1881(A) SHEET 1 OF 2 EXHIBIT "A" SKETCH & LEGAL DESCRIPTION CIRCULAR TRACT w ' Q ' \-/ VACATED AIR RIGHTS \ OF RIGHT-OF-WAY LOWER LIMIT 30'VERTICAL ABOVE (/� I ELEV.+7.0 U.S.E.D.BAY DATUM (SEE NOTES 3&4 ON SHEET 1) \ - J LIMIT OF CIRCULAR TRACT J I (INSIDE FACE OF CONCRETE CURB) I / 80' q . SUBJECT PARCEL E CeR\ 3.62 NORTH ,6 C S� I CBG EN,34j4, �`eh2e57aE SCALE:1"=30" I 4.30' 0 n /frooh , O P .3.58' 3 m� ` NOTE:SHADED AREA IS THE PARCEL QUIT-CINUED r0 CITY OF W"I /G0Q'v P.O.B N \ BEACH,O.R.B.6364,PAGE 237. _(AS C. OUT IN 29th STREETL DES - LEGAL DESCRIPTION m - 49.50' W ORB.6064777) (ASSUMED EAST BASIS 125.00' EAST 40.77 -----�'\P.O.B OF BFN11NG3) O.6D' . Jr (AS WRITER OF LE DESCRIPTION 30' APPARENTLY INTENDED-SEE NOTE 2 I \B r P F CBR=514.25'11.4 ON SHEET 21-W ————- 3.75 \�T.a a C.LEN=15.86' I � N O O 00 r O V I 4.40' L N, 6 C0. = \ / 3.70'MIDDLE ORDINATE (TYPICAL) �J I 3 75 \_EDGE OF ASPHALT 2 �I LIMIT OF CIRCULAR TRACT �I I (INSIDE FACE OF CONCRETE CURB) 0 � U � AMENDED ° T OF THE OCEAN FRONT PRo° RTY OF �. P.O.C. UAW B A °ROV GENT OO ° y P.C. P.B. 51 PGS. 7 $ LOT 6 LOT 5 BLOCK 8 S.W.CORNER LOT 6.BLOCK 8 NOTES: 1. The subject parcel lies in tractional 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 t 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 LETTER, PEREZ & ASSOCIATES,INC. REVISIONS: LAND DEVELOPMENT CONSULTANTS 7117/11 ATTORNEY REVIEW. 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:olfice(ebleilerperezzom WEBSITE:wemlederperez.Dom LICENSED BUSINESS No.6787 DATE:2-24-2012 JOB NO.:12-113 FILE:L-1881(A) SHEET 2 OF 2 EXHIBIT B-2 Depiction and Legal Description of City Property 13 EXHIBI T "B" 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 N18°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 42 013'36"for 22.11 feet to a point.of tangency;thence N10 059'37"E for 14.03 feet;thence NO2°23'27"E for 43.16 feet;thence N89"59'59"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 120 044'19"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 43 018'15"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°04'30"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 038'03.3"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°38'23.8"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°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 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 000'20.6"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'SKETCHB LEGAL DESCRIPTION'WAS PREPARED UNDER MYSUPERVISION. THE ORIGINAL RAISED SEAL LAND DEVELOPMENT CONSULTANTS LETTER PEREZ & ASSOCIATES. SURVEYOR AND oFAFLORIDA ANDLICENSED MAPPER. CIVIL ENGINEERS-LAND SURVEYORS BY: LAND PLANNERS-ENVIRONMENTAL GEOFFREY LEITER,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:ofice @leiterperez.com WEBSITE:www.leilerperezccm LICENSED BUSINESS No.67871 DATE:3-14-2012 JOB NO.:12-113 FILE:L-1881(A) SHEET 1 OF 2 -D 0 5'57" -0 COLLINS o 'N �, n i000� 6• AVENUE ? D --�j- - - - - ---------------100.00' (4 m p I r [n m °N I I m z V '` 8 23 FI n6,8 - o y p _N _ - COL INS E AVENUE 320 COLLINS AVENUE D co w 14.03' NO2°23'27"E 43.16' I Y L O W A m m Z J p A N N O I o � D ' D o =I o'0 Nw o c M ®�� n m� - D Din t \ rn\ O a a Imo® \< wiy8' I N 0 O m N a o f� I -4 g 4 I aN ties _' C \ 0.`m-" M QDQO-p sN�1 $ C<�gb0�\ O�< ba 3jo.BFI\ z m.A 'F9 008 ZIM 33 c,0 00 O 0 u c a v\ n ' zn° m\ I gym`' n 0700 .�' z c n SU .0 mom/ ® 0 VW o O \Nrn a O p 6 E •6 O-1 I m U) p" /�yW� Za \Z NN c 9C0� C9C.LEN=20.80' I Z= `g,N3�,y0�i - 1ID -N D ; R=SO)•3g'03.3•W Zgg9t. i r s°o Z-� 00^ TOM7�Qum fn 4��V� m " O �o,ZFU rm_ m l� 3Nx"OZ<� ____�_� G)M �W, zz�7o I g�. _� co mm�zm0M pv O �� 96'ALLEY� m�N�;U� 70 D o. o � DS�� . M M >m ° I c DOzz aH 8 a��a�� D zo 3 NDO�OO � I "' V\A\\ l M 0. x C'D M yTrm ~ cn D O � D I p D W P c- � zcnu 3:oDD�—IM P.a C11 (I I 0/M � O Woo, Z,-_-�(, pb I m I D °� (nL 0 <M D>; v� I n �z NON D� I m n ?07 0 D I A �� A I m� m m 00 s3.0q �.. 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'-c m ° > v oN a m Cr w a n m 3.O m y mz Z(n-i mz O S ° m m n m m N N d m m o D �^ 7- m y n m O R, -0 Dr (n �0.. o D 5 a a N=m m 10 o m.� o m 3.n m N CD m m z C 6 3 ° 2 5, 00m (a°•3m0(ND� N?0w so z < m ? m s m m 7 n m < 7 a m 9 0 � D r T <m a' 7 0 7 m m a (D S. m 7 hl c n N. 3 3 - m•` m N N O M rn N 7 d O 0 J n 7 N p,�' =j c N N 0 C)EL v �•(7D M m 7 (p 0 m m m 6 4, ..1 p 0 0 0 N d .CD N _q1 0 (D(� ((D N» n O (D N .O-.O A 61 (U m m N n f0 N O N —y 0 N (n < 7 -O 7 a(� 7'O O O 7 m tV (n m - n c !^ O m m T m O d n O(D -j(O _ D m -n Q 7 O = 7 CO m ("7 7 D'm "n of ?y m Q Z m < ;< V N m O m n m CD (D D O-< m m N d i EXHIBIT B-3 Traffic Circle Improvements Site flan 14 10 m V T t!7 A w N N O � m V m t!5 m tWD S a v D 2 cn z n •O C v m c{ m p Z -� n W p w n D 7c r D v n d Al v+•' d d d < °— d O O d ° O < °i N A N cu m• 'c'u ? ° to n 6 < v° O O c r� /p tv a. V'. r✓ a iD a o CQ 3 O y D r nDi 1 7 O1�i Inc r d Q rD Q N d t� ^ d 7 r a o 9 D ^ r G G .n. 1G p ^ n c < A a m m M rD y o a ° a y O � c o o. = d r ^ m at to o 0 c m -0 7 ^ rOD N In y C" n H 3 (D °� y D j 3 °^ `< O Q to O o, G rD O 30 .°i. O N N 7 A n y r O to O G ° „ n rD c a ° 0 to rD o a °: �c eo v M oo < c C ° D m n a ::R O o m D — to, -0 7 d m ° m c y o<, co O a ,n O C 7 ^ p°' '^ r� tD N Q `. rrDD 13 ^ a S N O Q ° O 6 r9 O °r' N 3 v+ O Q a a D CL a DN O �i ro O °' m 3 ° 3 O to C rnD 7 to —rD Q O O m cu 3 x 3 a n C D H 3 iZ C onOi d � v v ^J � - . 3 (D I , �AEI J 9 im j ,?? �. ® ^Eotti€€sMvenue= t=om Y Q o © sC 50 0. 2 o 1 tit. a SOUTH BEACH st THE SEVILLE (� , C) BEACH HOTEL "_. : WURST � 2901 COLLINS AVE. MIAMI BEACH, FL. 33142 ` '" EXHIBIT C Depiction and Legal Description of Portion of Master Parcel Subject to an Easement 15 EXHIBIT "A" 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°22'43"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 are 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 025'13"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°53'16"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°28'15"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 THE SIGNATURE AND LETTER, PER.EZ & ASSOCIATES.INC. THIS'SKETCH&LEGAL DESCRIPTION'WAS PREPARED UNDER MY SUPERVISION. THE ORIGINAL RAISED SEAL LAND DEVELOPMENT CONSULTANTS LEITER PEREZ & ASSOCIATESANC. OF A FLORIDA LICENSED CIVIL ENGINEERS-LAND SURVEYORS BY: SURVEYOR AND MAPPER. LAND PLANNERS-ENVIRONMENTAL GEOFFREY LEITER,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-Ma11:oRce(dleiterperezcom WEBSITE:www.leiterperezcom UCENSED BUSINESS No.6787 DATE:3-6-2012 JOB NO.:12-113 FILE:L-1881(A) SHEET 1 OF 2 EXHIBIT "A" SKETCH & LEGAL DESCRIPTION BEACH ACCESS EASEMENT BLOCK 11 i W I � I ' LOT 6 cP —r R=60.50' i -I I LOT 9 W I I \`30 rn 0=52°26'3q' Q ; �'y`� v �A=55.37' I �0 h �� O�c, rn ti R=55.00' 0 I 0=80°45 '35' P.O.B.\ <(%W . p� A=77.52' - ,R=55.50' I I Q I / I� R=100.00' A=4 ,28'15"1 �ACC I I � A=5°26'38" I A=43.08'- 4�r+� p� \ A=9.50' VACATED AIR RIGHTS_ \4� 'OF RIGHT—OF—WAY I 29th ST EET R=50.00' LOWER LIMIT 30'VERTICAL ABOVE PUBLIC R/W AT STREET LEVEL A=73°01'47"\\ ELEV.+7.0 U.S.E.D.BAY DATUM I A=63.73' \ I ` U I —oI SUBJECT EASEMENT Sa3°34'21„E. R=100.00' DIAL' I / m 0=4°58'21” 5'VI NORTH I NI A=8.68' S61 �o I / zI oo Q�• NORTHERLY R/W LINE �OUIT—CLAIMED TO CITY OF MIAMI j I Q Q0 1 BEACH, O.R.B. 6364, PAGE 237. 29th SHEET - i _ _ 49.50' EAST 125.00' I I (ASSUMED BASIS ` 30' I OF BEARINGS) I / Io 0 o° R/W. 50' RADIUS CIRCLE. I P.B. 5, PG. 7 & 8, D.C.R. > I ` I I > I l- i (� I p z ZI I 29th STREET ,- /��'��' (MIAMI BEACH DRIVE, P.B. 5, PG. 7) I � P.O.C. LOT 6 _ LOT 5 ; --------- P.C. to AMENDED PLAT OF THE OO�AN FRONT PROPERTY OIL I UAW BEACH UPROVEMENT COMPANY P.L . 5, PGS. 7 & Si ®.�.G°�. r S.W..CORNER BLOCK LOT 6.BLOCK 8 B L O C K S I------------------------------------------------I------------------------------- i NOTES: 1. The subject parcel lies in fractional Section 26,To.mship 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 LEITER. PEREZ & ASSOCIATES.INC. R E V I S 10 N S: LAND DEVELOPMENT CONSULTANTS 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@leilerperezoom WEBSITE:www.leiterperezcom LICENSED BUSINESS No.6787 DATE:3-6-2012 JOB NO.:12-113 FILE:L-1881(A) SHEET 2 OF 2 EXHIBIT D Historic Preservation Board Order � | '00U|H�1l� 0U�|/�H0 /��iN}0`�� !U @QUw 8l#|mN}0nW!N(0(o J. 1��C)^S-7�29'p'`� DR Bk 2/C51 Pys zOa� - 1nra� c5pes� RDED 10/06/20z� 5 HARvcY nUvIN, C�ERK or rOuRr MIwlI-nAD LORIoA HISTORIC PRESERVATION BOARD City of Miami Bmach. Florida THIS ISroCERTIFY NA"TME S.TRUE AND°CCvRA 'HE OWNAL 6h ARf MEETING DATE: September 13, nLE FILE NO.- 7249 Notary Public State of I—)rjrida mt, ;orO*U-_:- Randy Cesar PROPERTY: 2001 Collins venu LEGAL.- All of block 11, together with alley of Block 11 extending from the north line of block 11 to the northerly line of Miami Beach Drive plus circular tract located between Block 8 & I1 ..Aocordingtothe Plat Thereof, as Recorded in Plat Book 5, Page 7&8. of the Public Records of Miemi-Dade County. Florida. \NR.E� The Application for a Certificate of Appropriateness for the partial demolition, renovation, and restoration ofon existing twelve (12)story a three (3) story roof top addition to the existing hotel, th� demolition iidonofthe existing cabanos, as well as the construction of new 16-story ground level addition on the north side of the site and 5-otory ground level addition on the south side of the site. SpeoifioaUy, the applicant is requesting modifications to the previously approved demolition plans as well a Certificate of Appropriateness for the interior design of the hotel's public interior spaces oe well os for a landscape plan for the entire site. The applicant, Seville Acquisition, LLC, filed an application with the City of Miami Beach Planning Oepa�nnentfor aCerb�cateofApprophateneoe. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT based upon the avidenoe, infonnation, testimony and materials presented at the public hearing ' ondvvhichorepo� ofthereoordforthigma�ec � A. The subject structure is classified as 'Contributing' in the yWiarn/ Beach Historic Properties Database and is located within the Collins W@terfront Local Historic District. B. Based and information provided by the applicant, and the reasons set forth in the P.f�ih'�' Z 314-fthhent Staff Report, the project as submitted is consistent with the Certificat6.�,b-f. App ro ri a s s Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not cons".1s.t`4nt with­b�,Of, 'ate of Appropriateness Criteria - - .. in Section 118-564(2)(2) of"= == is not consistent with Certificate of Appropriateness Criteria 'a+c' Q ' 584(a)(3) of the i�rni Beaoh {�ode. ~ W4 \/ � Page 2 of 5 HPB File No. 7249 Meeting Date' September 13, 2011 C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. The approval herein excludes the proposed modifications to the existing existing lobby and public interior spaces. 2. With the exception of the additional demolition proposed along the north side of the building's pedestal, the demolition plans shall be consistent with the plans originally approved by the Board on May 10, 2011, subject to the conditions of the Final Order. 3. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subject to the review and approval of staff. At a minimum. such plan shall incorporate the following- a. A public sidewalk shall be introduced substantially along the south property line -at the east end of the site in order to delineate the private and public property, in a manner to be reviewed and approved by staff. b. Hedge-type material or material that is arranged to form a continuous hedge shall not be permitted within the public right-of-way areas or on private property when located along property lines, subject to the review and approval of staff. C. All exterior walkways shall consist of decorative pavers, decorative concrete or other decorative material, subject to the review and approval of staff. d. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. Right- of-way areas shall also be incorporated as part of the irrigation system. e. The utilization of root barriers and/or structural soil, as applicable, shall be clearly delineated on the revised landscape plan. f. All landscaping in the right-of-way shall be located at grade level and not within raised planters. g. A streetscape plan shall include both sides of the street from Collins Avenue to the City of Miami Beach Board Walk on 29" Street, and from_.-Collins Avenue to the Miami Beach Board Walk on 30th Street. Root baFri'ers.may:be. required. The design and construction of the streetscape plans shall be carefully coordinated with the design of Oceanfront :.;`.Neighborhood; Streetscape Improvement Project, prepared by EDAW, availableat the-City's' Capital improvement Projects Office, and the design shall be;,aesfhetical.ly :: consistent with that plan. The cost of constructing the aforesaid.st-reetscape plans on 29th and 30th Streets shall be the responsibility of the appl1cant--. .ICI Page 3 of 5 HPB File No. 7249 Meeting Date: September 1.3, 2011 h. The parking lot on the west side of Collins Avenue, which is owned by the applicant, shall fully comply with all requirements for a permanent parking lot; this shall include a landscape plan that addresses all Certificate of Appropriateness Criteria in the City Code. Such parking lot shall be included in the scope of work for the subject project, unless an application for a new structure on such site is submitted for development approval. i. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all backflow preventers and all other related devices and fixtures; such fixtures and devices shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of backflow preventers, Siamese pipes or other related devices and fixtures, if any, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. j. The applicant shall verify, prior to the issuance of a Building Permit, the exact location of all applicable FPL transformers or vault rooms; such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are screened with landscape material from the right-of-way, shall be clearly indicated on the site and landscape plans and shall be subject to the review and approval of staff. k. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for the project architect shall verify, in writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 4. The Final Order shall be recorded in the Public Records of Miami-Dade County, rior to the issuance of a Building Permit. 5. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 6. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 7. Nothing in this order authorizes a violation of the City Code or other a pP lf k _b e=fawn ; nor allows a relaxation of any requirement or standard set forth in the City'-Code :�`.,. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidenc6'" n.forrn'a ►on.'t testimony and materials presented at the public hearing, which are part of the record.-fet this: '.:: matter, and the staff report and analysis, which are adopted herein, including=-Ik';�sfaff:-'' recommendations, which were amended by the Board, that the Certificate of Appropriateness is Page 4 of 5 HPB File No. 7249 Meeting Date: September 13, 2011 GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-7, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff; entitled "The Seville Beach Hotel". as prepared by Nichols, Brosch; Wurst; Wolfe & Associates, Inc., dated 7-28-2011. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting date at which the original Certificate of Appropriateness was granted (May 10, 2011), the Certificate of Appropriateness will expire and become null and void. If the Full Building Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing. with required inspections, in accordance with the applicable Building Code), the Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a vi development of the land develo ment regulations of the City Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriateness Dated this —day f 5 b Y , 20 ( . HISTORIC PRESERVATION BOARD THE CITY OF MIAMI BE CH, FLO iDA r BY: THOMAS R. MOONEY, AICP DESIGN AND PRESERVATION MANAGER FOR THE CHAIR, Page 5 of 5 HPB File fro. 7249 Meeting Date: September 13, 2011 STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this /� day of �C"4 b'eF 20 tj by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to me. E<1 Notary Public State of norida !VOTARY PUBL C Randy Cesar mmission DD975668 Miami-Dade County, Florida~ Expires 03!2812014 My commission expires: 3 2 -e Z el Approved As To Form: Legal Department: Filed with the Clerk of the Historic Preservation Board on 2a �� ( 9C } FAPLAM$HPB111 HPMSepHPB1 IV249-SEP201110.docx t•r tli t is ... a_7. 3K` Of.';: v" ...... - ii%...... ..... .... .._ ."r ....'i; is '•_'••'r ';��,�.,....,;._. I