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2015-28903 Reso RESOLUTION NO. 2015-28903 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT IN THE AMOUNT OF $2,760,000.00, IN SUBSTANTIAL FORM AS PROPOSED IN ATTACHED EXHIBIT 1; FOR PAYMENT OF THE FEE IN LIEU OF PARKING REQUIRED UNDER SECTION 130-131, OF THE CITY CODE, WHICH FEE IS PAID DUE TO A PARKING DEFICIENCY ASSOCIATED WITH THE DEVELOPMENT OF THE NEW PROJECT ON THE PROPERTY OWNED BY CENTURIAN COLLINS AVENUE, LLC, A DELAWARE LIMITED LIABILITY COMPANY (HEREINAFTER "CENTURIAN"), LOCATED AT 2360 COLLINS AVENUE, MIAMI BEACH, FLORIDA, WHICH PROJECT IS COMMONLY KNOWN AS THE "ALOFT" (THE "PROJECT") UNDER BUILDING PERMIT NUMBER: BREV131038418-422; AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE THE SETTLEMENT. WHEREAS, the property located at 2360 Collins Avenue, Miami Beach, Florida (the "Property") is currently owned by Centurian Collins Avenue, LLC, a Delaware limited liability company (hereinafter "Centurian"); and WHEREAS, the property is subject to development approvals under building permit BREV131038418-422; and which project is commonly known as the "Aloft" (Project); and WHEREAS, as part of obtaining development approvals Centurian, which proposed a new development, was required to pay a fee in lieu of parking pursuant to 130-131, et. Seq., City Code of Ordinances, for any mandatory parking spaces that were not being provided as part of the Project; and WHEREAS, rather than paying the amount calculated by the Planning Department directly to the City the funds were placed in escrow, held by the escrow agent, Greenberg Traurig; and WHEREAS, the attached settlement, which releases the escrowed funds will resolve all issues and ensure compliance with the decision of the planning department and requirements of section 130-131, of the Code; and WHEREAS, the Administration recommends that the City Commission approve the settlement and release of escrowed funds. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve a settlement in the amount of $2,760,000.00, in substantial form as proposed in attached Exhibit 1; for payment of the Fee In Lieu of Parking required under section 130-131, of the City Code, which fee is paid due to a parking deficiency associated with the development of the new project on the property owned by Centurian Collins Avenue, LLC, a Delaware Limited Liability Company (hereinafter "Centurian"), located at 2360 Collins Avenue, Miami Beach, Florida, commonly known as the "Aloft" (the "Project") under building permit number: BREV131038418-422; and further authorizing the City Manager to take such action and execute any and all necessary documents to complete the settlement. PASSED and ADOPTED this /4 day of G!0 r , 2015. ATTEST: -r f. /P_ f> > Philip r �. ayor ked *. , , Srl)OFATLD / afael E. Granado, Ci • J0:1:1(' / " `� APPROVED AS TO FORM & LANGUAGE at FOR EXECUTION City Attorney 4-bale I COMMISSION ITEM SUMMARY Condensed Title: A Resolution to approve a settlement agreement in the amount of$2,760,000, for payment of the fee in lieu of parking for the project located 2360 Collins Avenue, more commonly known as the "Aloft" project. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Supporting Data(Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summary/Recommendation: RESOLUTION The property located at 2360 Collins Avenue, Miami Beach, Florida (the"Property") is currently owned by Centurian Collins Avenue, LLC, a Delaware limited liability company (hereinafter"Centurian"). The property is subject to development approvals under building permit BREV131038418-422; and which project is commonly known as the "Aloft" (Project). As part of obtaining development approvals Centurian, which proposed a new development, was required to pay a fee in lieu of parking pursuant to 130-131, et. Seq., City Code of Ordinances, for any mandatory parking spaces that were not being provided as part of the Project. Rather than paying the amount calculated by the Planning Department directly to the City the funds were placed in escrow, held by the escrow agent, Greenberg Traurig. The attached settlement, which releases the escrowed funds will resolve all issues and ensure compliance with the decision of the Planning Department and requirements of section 130-131, of the Code. The Administration recommends that the City Commission approve the settlement and release of escrowed funds. RECOMMENDATION The Administration recommends that the City Commission approve the attached settlement agreement. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: Departm nt Director Assist City Manager 1 City Manager •NarmA4, Ty- T:\AGENDA\2015\January\Aloft Summary.docx �J MIAMIBEACH AGENDA ITEM R-7 DATE /- q /5- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 14, 2015 SUBJECT: A RESOLUTION APPROVING A SETTLEMENT IN THE AMOUNT OF $2,760,000.00, IN SUBSTANTIAL FORM AS PROPOSED IN ATTACHED EXHIBIT 1; FOR PAYMENT OF THE FEE IN LIEU OF PARKING REQUIRED UNDER SECTION 130-131, OF THE CITY CODE, WHICH FEE IS PAID DUE TO A PARKING DEFICIENCY ASSOCIATED WITH THE DEVELOPMENT OF THE NEW PROJECT ON THE PROPERTY OWNED BY CENTURIAN COLLINS AVENUE, LLC, A DELAWARE LIMITED LIABILITY COMPANY (HEREINAFTER "CENTURIAN"), LOCATED AT 2360 COLLINS AVENUE, MIAMI BEACH, FLORIDA, WHICH PROJECT IS COMMONLY KNOWN AS THE "ALOFT" (THE "PROJECT") UNDER BUILDING PERMIT NUMBER: BREV131038418-422; AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE THE SETTLEMENT. ADMINISTRATION RECOMMENDATION The Administration recommends approval of the attached settlement agreement. HISTORY/ BACKGROUND The property located at 2360 Collins Avenue, Miami Beach, Florida (the "Property") is currently owned by Centurian Collins Avenue, LLC, a Delaware limited liability company (hereinafter "Centurian"). The property is subject to development approvals under building permit BREV131038418-422; and which project is commonly known as the "Aloft" (Project). As part of obtaining development approvals Centurian, which proposed a new development, was required to pay a fee in lieu of parking pursuant to 130-131, et. Seq., City Code of Ordinances, for any mandatory parking spaces that were not being provided as part of the Project. Rather than paying the amount calculated by the Planning Department directly to the City the funds were placed in escrow, held by the escrow agent, Greenberg Traurig. The attached settlement, which releases the escrowed funds will resolve all issues and ensure compliance with the decision of the Planning Department and requirements of section 130-131, of the Code. The Administration recommends that the City Commission approve the settlement and release of escrowed funds. FISCAL IMPACT Not Applicable Commission Memorandum Aloft Settlement January 14, 2015 Page 2 of 2 CONCLUSION The Administration recommends approval of the attached settlement agreement. JLM/JMJ/TRM/MCS T:WGENDA\2015\JanuaryWloft Memo.docx SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN CENTURIAN COLLINS AVENUE,LLC,THE CITY OF MIAMI BEACH, FLORIDA, AND GREENBERG TRAURIG, P.A. (AS ESCROW AGENT) This Settlement Agreement and Mutual Release ("Agreement") is made and entered into this day of , 2015 ("Effective Date"), by and between CENTURIAN COLLINS AVENUE, LLC, a Delaware limited liability company (hereinafter "Centurian"), the CITY OF MIAMI BEACH, FLORIDA, a Florida Municipal Corporation (hereinafter, the "City"), and Greenberg Traurig, P.A., a Florida corporation (as Escrow Agent) ("GT"). Centurian, the City and GT may also be referred to individually as a "Party," and collectively as the "Parties." RECITALS WHEREAS, Centurian, the City and GT are parties to that certain Escrow Agreement dated as of December 10, 2013 (the "Escrow Agreement"), a copy of which is attached hereto as Exhibit"A" and incorporated herein; WHEREAS, the Parties entered into the Escrow Agreement in connection with the payment of Fee in Lieu of Parking as required under section 130-131, et. Seq., City Code of Ordinances required to obtain a building permit for the expansion of the property located 2360 Collins Avenue, Miami Beach Florida, commonly known as the Aloft (the "Project") under building permit number: BREV 13103 8; WHEREAS, the Parties desire to settle all claims, disputes, past, present, or future regarding the Fee in Lieu of Parking and all required parking under BREV 131038 associated with the Project, regardless of responsibility; and WHEREAS,the Parties believe it would be in their best interests and the best interests of the citizens of the City to agree to the provisions of this Agreement. NOW THEREFORE, in consideration for the exchange of promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: 1. Recitals: The above Recitals are true and correct and are incorporated herein. 2. Settlement: The Parties hereby settle and compromise all claims of any kind or nature (including any claims for attorney's fees and costs), relating to, arising out of and/or in connection with the payment of Fee in Lieu of Parking and all required parking under BREV 13103 8 for the Project, except as set forth herein. 1 3. Settlement Terms: In consideration for the releases executed herein, the Parties agree as follows: (a) As of the Effective Date, the principal amount of the Escrowed Money (as defined in the Escrow Agreement) is Two Million Seven Hundred and Sixty Thousand Dollars ($2,760,000.00). The Parties agree that GT shall disburse the Escrowed Money to the City within ten (10) days following City Commission approval and execution of this Agreement, including all interest accrued thereon through the Effective Date. Upon the City's receipt of payment, the Escrowed Money shall be non-refundable to Centurion. (b) The Parties acknowledge that this Settlement Agreement for Escrowed Money fully satisfies any and all the parking requirements for the Project under BREV 131038. (c) The City will seek to place this item on the agenda for the City Commission meeting following the approval of the Agreement in form and correctness by the City Attorney. 4. Releases: In further consideration of the execution of this Agreement, the Parties for themselves and their respective parent companies, subsidiaries, divisions, affiliates, unit owners, insurers, officers, directors, agents, employees, subcontractors, representatives, successors and assigns (the "City Releasors" or "Centurian Releasors" as the case may be), hereby execute, subject to the conditions and exclusions set forth in this Agreement, the following Releases: (a) Centurian Releasors' Release of City Releasors: Upon payment of the Escrowed Money to the City, the Centurian Releasors hereby remise, release, acquit, satisfy and forever discharge the City Releasors, which throughout this Agreement includes, but is not limited to, its affiliates, Commissioners, insurers, sureties, directors, officers, employees, agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and assigns, of and from any and all manner of past, present and future claims, actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, causes of action, executions, claims, liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the Centurian Releasors have held or now hold, ever had, now have, or which the Centurian Releasors, hereinafter can, shall or may have against the City 2 Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the payment of Fee in Lieu of Parking for the Project. (b) City Releasors' Release of Centurian Releasors and GT: The City Releasors hereby remise, release, acquit, satisfy and forever discharge the Centurian Releasors and GT, which throughout this Agreement includes, but is not limited to, its affiliates, insurers, sureties, directors, officers, employees, agents and attorneys, together with its heirs, executors, administrators, associates, representatives, successors and assigns, of and from any and all manner of past, present and future claims, actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, causes of action, executions, claims and liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the City Releasors have held or now hold, ever had, now have, or which the City Releasors, hereinafter can, shall or may have against the Centurian Releasors and GT, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the payment of Fee in Lieu of Parking for the Project under BREV 131038 and/or the Escrow Agreement. 5. Binding Effect: Subject to City Commission approval and execution by the Parties, this Agreement shall be binding upon the Parties and their respective successors and assigns. However, execution and notarization by all Parties shall be a condition precedent to the effectiveness of this Agreement as binding against any Party. If the City Commission does not issue the approval, the Agreement shall be null and void and of no force and effect. 6. No Admission of Liability: It is understood and agreed that the claims which are the subject of this Agreement are disputed claims and that the execution of this Agreement by the Parties, and the exclusions set forth in this Agreement, are not intended to, and shall not in any way, constitute or be deemed an express or implied admission or acceptance of any negligence, misconduct, responsibility or liability by the Parties or an admission against interest by the Parties, and that the Parties expressly and specifically deny all such claims. Such consideration is being given to reduce the expense, uncertainties and hazards of litigation and to mitigate damages to each of the Parties. There shall not be any implication by any trier of fact or law of any admission or acceptance of liability or admission against interest by the Parties and it shall not be used against the City Releasors or the Centurian Releasors in any attempt to prove any future liability claims. 7. Attorney's Fees: If any legal action, proceeding, or hearing is brought by the City Releasors, the Centurian Releasors or GT to resolve a dispute regarding enforcement of the terms of this Agreement, then the prevailing party as between the City Releasors, the Centurian 3 Releasors and GT shall be entitled to recover reasonable attorney's fees and court costs incurred. The Parties shall bear their own fees and costs relating to the negotiation and execution of this Agreement to date. 8. Miscellaneous: The Parties further agree as follows: (a) The Parties acknowledge and agree that this Agreement is fully and adequately supported by consideration and is fair and reasonable. The Parties further acknowledge and agree that: (i) each Party has had the opportunity to consult with, and has in fact consulted with, such professionals, experts and legal counsel of its choice as such Party may have desired with respect to all matters settled and resolved herein; (ii) each Party has participated fully in the negotiation and preparation of this Agreement; (iii) each Party has carefully reviewed this Agreement and is entering into same freely; and (iv) this Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. Accordingly, this Agreement shall not be more strictly construed against any Party. (b) The Parties hereto understand and agree that this Agreement will not be binding on the Parties to this Agreement until such time as the City Commission of the City of Miami Beach has approved same, and the Agreement is fully executed by the Parties to the Agreement. City Commission approval is a material condition precedent to the execution and enforceability of this Agreement, without which the City does not agree to, and is not subject to, the terms and conditions contained herein. (c) Each of the signatories hereto represents that he or she has authority to execute this Agreement and to bind the Party on whose behalf he or she has signed. (d) This Agreement is being consummated in the State of Florida, and the performance by the Parties hereto is in the State of Florida. This Agreement shall be construed and governed in accordance with the laws of the State of Florida and the sole and exclusive venue for any lawsuit relating to this Agreement is Miami- Dade County, Florida. The Parties expressly agree to waive trial by jury in any action to enforce this Agreement. (e) In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall 4 be held to include every other and all genders, and captions and paragraph headings shall be disregarded. (f) Any exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. (g) Time is of the essence in the performance of this Agreement. 9. Entire Agreement: This Agreement, together with any documents referenced herein, constitutes the full and entire agreement and understanding between the Parties as related to the Project, and there are no agreements, representations or warranties except as specifically set forth herein. This Agreement replaces any prior or contemporaneous written or oral representation or understanding about the terms of this Agreement. All prior discussions, negotiations, letters, demands and writings of any kind are fully merged into this Agreement and are to be construed to be of no further force or effect, it being the intention of the Parties that this Agreement shall serve as the sole and entire expression of their agreement and understanding. This Agreement shall be binding on, and shall inure to the benefit of, the respective successors and assigns, if any, of each Party. 10. Modification; No Waiver: This Agreement may only be modified in writing signed by the Parties. No waiver or modification of the Agreement or of any covenant, condition or limitation contained herein, shall be valid unless in writing and signed by all Parties to the Agreement, or their authorized counsel. If the City or Centurian excuses or condones any breach or default by the other Party of any obligation under this Agreement, this shall not be a waiver of such obligation with respect to any continuing obligation or subsequent breach or default and no such waiver shall be implied. 11. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together represent one instrument binding on the Parties, notwithstanding that all of the Parties are not signatories to the same counterpart. The Parties further agree that this Agreement may be signed and submitted via facsimile or electronic mail. 12. Severability: If any provision of this Agreement is held or rendered illegal or unenforceable, it shall be considered separate and severable from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and bind the Parties as though the illegal or unenforceable provision had never been included in the Agreement. 13. Captions; References: The captions of this Agreement are for the purpose of convenience of reference only and in no way define, limit or describe the scope or intent of the 5 Agreement or in any way affect the terms and conditions of this Agreement. All references in the Agreement to the terms "herein," "hereunder," "hereof' and words of similar import shall refer to this Agreement, as distinguished from the Paragraph, Section and/or Subsection within which such term is located. 14. Third Parties: Nothing express or implied in this Agreement is intended or should be construed to confer upon or give any person or entity, other than the City, Centurian and GT, any rights or remedies under, or by reason of, this Agreement. IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date first written above: [Remainder of page intentionally left blank.] 6 CENTURIAN COLLINS AVENUE, LLC, a Delaware limited liability company By: Print Name: Jason Halpern, Manager Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2014, by Jason Halpern, Manager of Centurian Collins Avenue, LLC, who is personally known to me or who has produced (type of identification). Name: (Print Name) Notary Public—State of Florida My Commission Expires: 7 THE CITY OF MIAMI BEACH, FLORIDA, a Florida Municipal Corporation By: Print Name: Name: Title: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2014, by , of CITY OF MIAMI BEACH, FLORIDA, a Florida Municipal Corporation, who is personally known to me or who has produced (type of identification). Name: (Print Name) Notary Public— State of Florida My Commission Expires: ATTEST: City Clerk Date Approved Planning Director Date Approved as to form and language and for execution City Attorney Date 8 GREENBERG TRAURIG, PA By: Print Name: Name: Title: Shareholder Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2014, by , of Greenberg Traurig, P.A., a Florida corporation, who is personally known to me or who has produced (type of identification). Name: (Print Name) Notary Public—State of Florida My Commission Expires: 9 Exhibit"A" 10 ■ 1915 • 2015 IAME B EA OFFICE OF THE CITY MANAGER MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy Morales, City Manager DATE: January 14, 2015 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT IN THE AMOUNT OF $2,760,000.00, IN SUBSTANTIAL FORM AS PROPOSED IN ATTACHED EXHIBIT 1; FOR PAYMENT OF THE FEE IN LIEU OF PARKING REQUIRED UNDER SECTION 130- 131, OF THE CITY CODE, WHICH FEE IS PAID DUE TO A PARKING DEFICIENCY ASSOCIATED WITH THE DEVELOPMENT OF THE NEW PROJECT ON THE PROPERTY OWNED BY CENTURIAN COLLINS AVENUE, LLC, A DELAWARE LIMITED LIABILITY COMPANY (HEREINAFTER "CENTURIAN"), LOCATED AT 2360 COLLINS AVENUE, MIAMI BEACH, FLORIDA, WHICH PROJECT IS COMMONLY KNOWN AS THE "ALOFT" (THE "PROJECT") UNDER BUILDING PERMIT NUMBER: BREV131038418- 422; AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE THE SETTLEMENT. The property located at 2360 Collins Avenue, Miami Beach, Florida (the"Property") is currently owned by Centurian Collins Avenue, LLC, a Delaware limited liability company (hereinafter "Centurian"). The property is subject to development approvals under building permit BREV131038418-422; and which project is commonly known as the"Aloft"(Project). As part of obtaining development approvals Centurian,which proposed a new development,was required to pay a fee in lieu of parking pursuant to 130-131, et. Seq., City Code of Ordinances, for any mandatory parking spaces that were not being provided as part of the Project. Rather than paying the amount calculated by the Planning Department directly to the City the funds were placed in escrow, held by the escrow agent, Greenberg Traurig. The attached settlement,which releases the escrowed funds will resolve all issues and ensure compliance with the decision of the planning department and requirements of section 130-131, of the Code. The Administration recommends that the City Commission approve the settlement and release of escrowed funds. Recommendation: Approval of the attached settlement agreement. We are committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical, historic community. • ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as of the day of December,2013 by and between Centurion Collins Avenue,LLC, a Delaware limited liability Company ("CCA")� the City of Miami Beach (the "City") and Greenberg Traurig P.A., ("Escrow Agent"). RECITALS A. CCA is the owner of that certain property located in the City and legally described on Exhibit"A"attached hereto (the"Property"). . ,I - B. CCA has obtained approval from the City to expand the existing 2360 Collins Avenue, Miami Beach on the Property, commonly known as the Aloft, with a new 8-story hotel building on the south side of the Property(the"Project"). • C. The Project received: (i) a Certificate of Appropriateness from the City's Historic Preservation Board ("HPB"), as evidenced by that certain HPB Order No. 1840 issued by the HPB on March 3,2004 and Modified on September 11,2012 and September 10,2013 (the "HPB Approval"); and (ii) variances from the City's Board of Adjustment ("BOA"), as evidenced by that certain BOA Order No. 3009 issued by the BOA on May 7, 2004 and Modified on December 7, 2012 (collectively, the "Approvals"). The Approvals are attached hereto as Composite Exhibit"B." • D. The parking requirement for the new hotel room component of the Project under the City's Land Development Regulations (the "Regulations") is One hundred eighty-four (184) parking spaces,of which zero (0) spaces will be provided on the Property. E. CCA must provide the One hundred eighty-four (184) required parking spaces within 1,200 feet of the Property in accordance with the Regulations or pay a parking impact fee in the amount of Two million seven hundred & sixty thousand dollars ($2,760,000,00), calculated at fifteen thousand dollars ($15,000.00)per parking space(the"Parking Impact Fee"). F. CCA is considering a suitable off-site location for such parking. G. In order to assure the City that the Parking Impact Fee will be paid in the event that CCA does not otherwise provide the required parking at an off-site location, CCA has agreed to place in escrow with Escrow Agent the sum of Two million seven hundred & sixty thousand dollars ($2,760,000.00), to be disbursed in accordance with the terms and provisions of this Agreement. •NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: • <4) 1. The City and Owner agree that the foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Simultaneously with its execution of this Agreement, CCA has deposited with Escrow Agent the sum of Two million seven hundred & sixty thousand dollars ($2,760,000.00) (the "Escrowed Money"). The Escrow Agent hereby acknowledges receipt of the Escrowed Money and agrees to hold the same in trust and disburse the Escrowed Money in accordance with the terms of this Agreement. Escrow Agent shall be obligated to invest the Escrowed Money in an interest-bearing account so long as CCA provides Escrow Agent with a fully executed and completed IRS Form, W-9 signed by CCA and reflecting CCA's taxpayer identification number thereon. All interest that accrues on the Escrowed Money shall be the property of and disbursed to CCA. Escrow Agent shall not be liable for any failure, insolvency or suspension of the depository institution. 3. Escrow Agent shall hold the Escrowed Money and disburse same as follows: • (a) In the event that CCA has supplied the one hundred & eighty-four (184) parking spaces within 1,200 feet in accordance with the Regulations,on or before the issuance of a Certificate of Occupancy for the Project, then Escrow Agent shall, upon joint written notice • from the City and CCA,return the Escrowed Money to CCA,including any interest. • (b) In the event that CCA has supplied some portion of the one hundred & eighty-four (184) parking spaces within 1,200 feet in accordance with the Regulations, on or before the issuance of a Certificate of Occupancy for the Project,then Escrow Agent shall,upon joint written notice from the City and CCA, return a portion of the Escrowed Money to CCA calculated at fifteen thousand dollars ($15,000.00) per parking space being provided, including any interest. After the Certificate of Occupancy is issued, if CCA wishes to change the location of the required spaces that have been provided, it may do so at another permitted facility to the extent allowed for off-site parking in the City Code. (c) In the event that 3(a) and 3(b) does not occur on or before the issuance of a Certificate of Occupancy for the Project, Escrow Agent shall, upon written notice from either the City or CCA, disburse the Escrowed Money to the City for payment of the Parking Impact Fee for the Project. The Escrow Agent shall disburse any accrued interest to CCA. (d) In the event that 3(b) does occur on or before the issuance of a Certificate • of Occupancy for the Project, Escrow Agent shall, upon written notice from either the City or CCA, disburse, a portion of the Escrowed Money calculated at fifteen thousand dollars ($15,000.00)per parking space not being provided to the City for payment of the Parking Impact Fee for the Project. The Escrow Agent shall disburse any accrued interest to CCA. (e) Escrow Agent shall give written notice to all parties to this Agreement of its release of the Escrowed Money. 4. All notices and/or written statements given or made pursuant hereto, or for the purposes of invoking or enforcing any of the provisions hereof, shall be in writing (by a party or by such party's attorney), and shall be sent by (i)personal delivery, (ii) delivery by a recognized ,. f ' 2 overnight courier, (iii) United States mail, postage prepaid, registered or certified mail, or (iv) • facsimile,with proof of transmission,addressed as follows,or(v)Registered email transmission: If to CCA: Mr.Jason Halpern Chief Financial Officer • Centurian Collins Avenue LLC. JNH Development • . Unit C706 •� 184 Kent Avenue Brooklyn,New York 11249 • Telephone: (212)687-3444 With Copy to: Greenberg Traurig,P.A. 333 S.E. 2nd Avenue Miami,Florida 33131 • Attention: Alfredo Gonzalez,Esq. Telephone: (305) 579-0588 • Facsimile: (305) 961-5588 If to City: Planning Director City of Miami Beach • 1700 Convention Center Drive Planning Department,2nd Floor • Miami Beach,FL 33139 Telephone: (305)673-7000,Ext. 6150 Fax: (305) 673-7559 With Copy to: City Attorney City of Miami Beach • Office of the City Attorney i 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 • Attention: Gary M.Held,Esq. Telephone: (305) 673-7000,Ext. 6532 Facsimile: (305) 673-7002 If to Escrow Agent: Greenberg Traurig,P.A. 333 S.E. 2nd Avenue Miami,Florida 33131 • Attention: Alfredo Gonzalez,Esq. Telephone: (305) 579-0588 • Facsimile: (305) 961-5588 Personal delivery or overnight courier shall be effective upon receipt or as of the date of first attempted delivery, and notice by mail shall be effective upon receipt as evidenced by a return receipt, and notice by facsimile shall be effective upon transmission. Any of the foregoing addressees may, at any time by giving ten (10) days prior written notice to the other addressees, • 3 • designate any other address in substitution of the foregoing address. The Escrow Agent shall • receive copies of all notices. • 5. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. Executed counterparts received by facsimile or electronically shall have the same validity as original counterparts. 6. The following provisions shall apply to the Escrow Agent and its duties and obligations under this Agreement: • (a) The Escrow Agent shall have no duties or obligations hereunder except those specifically set forth herein and such duties and obligations shall be determined solely by the express provisions of this Agreement. The Escrow Agent shall not be liable for any action taken or omitted by it in good faith unless a court of competent jurisdiction determines that the • Escrow Agent's gross negligence or willful misconduct was the primary cause of the loss to a party hereto. The Escrow Agent shall not incur any liability for following the instructions set forth in this Agreement or written instructions given by a party hereto in accordance with this Agreement. The Escrow Agent shall be entitled to assume that all notices and other documents • provided to it are authentic and that all persons and entities executing such notices or documents have been duly authorized to do so. (b) In the event the Escrow Agent shall be uncertain as to its duties or rights under this Agreement or shall receive any instruction,claim or demand that,in the opinion of the g Y � p Escrow Agent, is in conflict with the provisions of this Agreement (any of the foregoing, an "Escrow Agent Dispute"), the Escrow Agent shall be entitled to refrain from taking any action with respect to such Escrow Agent Dispute until it shall be directed otherwise by a final and non- appealable order of a court of competent jurisdiction or by an instrument signed by.CCA andthe City. In the event of any Escrow Agent Dispute, the Escrow Agent shall be entitled to petition a • court of competent jurisdiction in the County of Miami-Dade, Florida to resolve such Escrow Agent Dispute,CCA and the City each consents to the jurisdiction of any such court with respect to any such Escrow Agent Dispute. • (c) The Escrow Agent shall be entitled to employ such legal counsel and other experts as the Escrow Agent may deem necessary to advise the Escrow Agent in connection with the Escrow Agent's duties hereunder, may rely upon the advice of such counsel, and may pay such counsel reasonable compensation therefore which shall be paid by CCA. The Escrow Agent shall be reimbursed by CCA for all reasonable fees and expenses incurred by the Escrow Agent in connection with the performance of its duties and obligations under this Agreement and . reasonable courier fees incurred by the Escrow Agent in connection with any deliveries required to be made by the Escrow Agent in connection with the performance of its duties and obligations •under this Agreement. . (d) The Escrow Agent shall not be deemed to have knowledge of any matter or thing unless and until the Escrow Agent has actually received written notice of such matter or thing and shall not be charged with any constructive notice whatsoever. j ,, 4 ' � I (e) In the event instructions from the parties hereto would require the Escrow Agent to expend any monies or to incur any cost, the Escrow Agent shall be entitled to refrain from taking any action until it receives payment for such costs if such costs exceed$500. • (f) In the event the Escrow Agent is joined'as a party to a lawsuit by virtue of the fact that it is holding the Escrowed Money, the Escrow Agent shall, at its option, either: (a) tender the Escrowed Money to the registry of the appropriate court; or(b) disburse the Escrowed :. Money in accordance with the court's ultimate disposition of the case. In the event the Escrow Agent tenders the Escrowed Money to the registry of the appropriate court and files an action of • interpleader naming CCA and the City and any affected third parties of whom the Escrow Agent has received actual notice, the Escrow Agent shall be released and relieved from any and all further obligation hereunder or in connection herewith. 7. CCA shall indemnify, defend and hold harmless the Escrow Agent and its directors, officers, employees and agents from any loss, liability or,expense incurred by the• Escrow Agent(including the fees and expenses of in-house or outside counsel) arising out of or in connection with (a)Escrow Agent's execution and performance of this Agreement, except to the extent that such loss, liability or expense is due to the gross negligence or willful misconduct of the Escrow Agent, or (b)Escrow Agent's following of any instructions or other directions • from CCA or the City, except to the extent that its following any such instruction or direction is expressly forbidden by the terms hereof. The provisions of this paragraph shall survive the termination of this Agreement. 8. This Agreement does not alter or amend any obligations of CCA arising from the Approvals,which remain in full force and effect. 9. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to principles of conflict of laws. 10. This Agreement constitutes the entire agreement of the parties hereto regarding the subject matter hereof. There are no agreements or understandings, oral or written, between the parties hereto regarding the subject matter hereof that are not merged herein or superseded hereby. 11. No waiver of any right under this Agreement shall be valid unless it is contained in a writing signed by the party to be charged therewith. • • [Remainder of page intentionally left blank] • • • 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date set forth above. Centurian C t lins ,,, enue,LLC,a Delaware limited lia co r pany 1 AI 4........0" . By: 1P ! IPtit 'ame: j.r rCe (1r-Arc c i cy as'in tern,Manager . • .dO► . .■111010____ Print ►=: AdiMPFAIM 'kt, CITY OF IAMI BEACH , , N ;1/4,/e.,_....„ . I By: Print Name: S. d .RM Name: Ri`'eat tomb-p 7 Title: p(Mt'4 145 r''^e C 1v 1° Print 1"!r! ,�'aLr' 7•, , ESCROW AGENT; • / . GREEN I RG'I' l IG, b :'"I f' ' ter,.ra/fA%-f g 1..4 . rmt : e:- ' T"° ''':r .. Al ,r, '"r :%i. .arl�''�!se'e�i OW / Tile: Sha a ol•e, Print Name: __ ele Iy2r AP•roved - 12 -° 2o/ .1 i'laming Director Date Approved as to form and language and for execu '.air) 'I " Ci ttorn, Dated: a 1 d d 3� a. it 6 t i • • • i 1 1 .1 •. . . I • • I • • Exhibit A . .. . . . . . . . , . . .. 1 • . . , ,. ., .. .. , ,. , , . • _ . .. .. ,. .. , ._ . . „• . • . . .. . , . •. . . . . , „ , .. . . , ., . . . f _ . . . . . I. S 1 r_ _. �r , - . . /., • 1.. • • Exhibit B . . 1 :.. • Exhibit"A" • Legal Description , That portion of Block Three (3) lying South and adjacent to Lake Pancoost and Collins Canal, , between Liberty and Collins Avenues, Miami Beach, Florida, more particularly described as follows: :I Form a concrete monument situated at the northwest corner of Block 2 as said Block 2 is shown on 0 plat entitled "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH • IMPROVEMENT COMPANY", recorded in Plot Book 6 at Poge 7 of the Public Records of Miami—Dade • County, Florida, run Northerly along the East line of Palm Avenue (now Liberty Avenue) as soid • avenue Is shown on sold plat a distance of 370 feet to the Point of Beginning of sold tract of land herein described: . . From sold point of beginning continue Northerly along the East Ap .:of soid Palm Avenue (now , Liberty Avenue) a distance of 123.28 feet to a point, With point..berng the point of curvature of a circular curve, thence continue along the arc of said circular clvei deflecting to the left and ; having for its elements a central angle of 01`58'23" and a rodids ,pf 494 feet a distance of 17.01 , . feet to the point, said point being the intersection of the East n of Palm Avenue (now Liberty .. Avenue) and the north Face of the Southerly bulkhead of Collin Q nol, thence meander along the face of a concrete bulkhead in a Northeosterly direction along �dllhris Canal and in a Southeasterly . direction along the lake (now Lake Pancoost) as sold bulkhead f 'Shown upon a Sketch entitled "Sketch to accompany metes and bounds description of a portion of Block 3") of the Amended Mop of the Ocean Front. Property of THE MiAMi BEACH IMPROVEMENT COMPANY, dated July 1, 1993, . a distance of 484.9 feet, plus or minus to a point, said point being the intersection of sold . bulkhead on the Lake (now Lake Pancoost) as shown in said sketch, with a line parallel to and . 217 feet distant South of the South line of Hotel Place (now 24th Street) as said Hotel Place (now 24th Street) is shown on the above mentioned record Plot, thence run in an Easterly . direction otong a line parallel to and 217 feet distance South of the South line of Hotel Place (now 24th Street) a distance of 6.18 feet to o point, sold point being the intersection of the lost mentioned course with the West line of Collins Avenue as Collins Avenue is shown on said record plot; thence run in a Southerly direction deflecting to the rigght 90 along the Westerly line of Collins • • Avenue, as Collins Avenue is shown on sold record•plot a distance of 88 feet to a point, thence run in a Westerly direction along a line deflecting 90 to the right from the West line of Collins Avenue, sold line also being parallel to and 310 feet distance north from the North line Atlantic . Avenue (now 23rd Street) as Atlantic Avenue is shown on above mentioned record plot, a distance of 285 feet to the point of beginning of the tract of land herein described. TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY: , From a concrete monument situated at the northwest corner of Block 2 as sold Block 2 is shown on a plat entitled AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH :1 IMPROVEMENT COMPANY recorded in Plot Book 5, Page 7 of the Public Records of Miami—Dade County, Florida, run Northeasterly along the East line of Palm Avenue (now Liberty Avenue) as said • Avenue is shown on above mentioned record plat a distance oti.493.28 feet to a point, sold point being the Point of Curvature (P.C.) of a circular curve; thence! ofitinue along the arc of a circular • curve deflecting to the left and having for its elements a cent`: Dangle of O1'58'23" and a radius of 494 feet a distance of 17.01 feet to the point, sold point being the intersection of the East line of Palm Avenue (now Liberty venue) and the Northerly foe ` Of the concrete bulkhead situated • on the Southerly shore of Collins Canal; thence Meander the ferly face of said concrete bulkhead in a Northeasterly direction along Collins Canal and iri.:.•r1; Southeasterly•direction along Lake . Pancoost os sold concrete bulkhead is shown on a sketch entitled "Sketch to Accompany Metes and Bounds Description of Lagoon of South End of Lake Pancoast, Miami Beach, Florida" prepared by 2urwelle—Whitaker, Inc. Engineers, doted November 4, 1940 and revised January 2, and January .i 24, 1941, a distance of 204.6 feet to the Point of Beginning of the area herein described. From said Point of Beginning run in a Southeasterly direction along a line passing through soid Point of Beginning and a point where the Southerly line of Hotel Place (now 24th Street) intersects the concrete bulkhead on the Easterly Shore of Lake Pancoest, a distance of 80.0 feet to a point; • . thence run In a Southwesterly direction along a line passing through the last mentioned point and . a point on the outside face of the concrete bulkhead situated on the Southerly Shore of said Lagoon, said lost-mentioned point being 33.0 feet Westerly from the Westerly line of Collins Avenue, and marked by a cut in the face of staid bulkhead, a distance of 215 feet, plus or minus; thence meander in a Westerly and Northwesterly direction along the concrete bulkhead of sold Lagoon a • distance of 254:1 feet, plus or minus, to the Point of Beginning of the area herein described. ML4 183581495v1 Or • . . . , • . . . . I• ,. ,...-..........-.,.............■-......r . . - . . . . .. . . , . • . . • , . • • . , . . • , . • . . • • . . , . . . . .. • 0 . . E x h 1 b 1 t B4 . . . . . . • . . _ , . . . , . . . . . , . , . • • . . . . .. . I .. . . r • . • . i • . . • , • 4 . . 4, . 7,, .,....”-. r4.,'- . • . . ,I.,... ... . I • . . J . .,....---..... • .. . . • . . • HISTORIC PRESERVATiON BOARD • • CERTIFICATION City of Miami Beach, Florida THIS IS TO GERM THAT THE ATTACHED()ODDMENT• • 16 AMIDE AND ACCURATE COPY OR THE ORIGINAL ON .FILE iN THE OFWIOE±F TM PLANNING DEPARTMENT. OF MIAMI BEACH ' L , C1 • MEETING DATE: March 9 2004 i►pil 141•I,a ot► ,...� • P ,,.�,. .�, �,: •roduced • , an` ro. ddatLerp>I • i • L i O: 1840 MetedNamd: r My CorardssZ o (Sea This deaument roordeins, , pages. PROPERTY: 2360 Collins Avenue--The Creek Hotel • • • LEGAL: Block 3 of the amended plat of the ocean front property of the Miami Beach Improvement Company's subdivision, according to the Plat Thereof, as • Recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County,Florida. • IN RE: The Application for a Certificate of Appropriateness for the partial demolition, partial reconstruction, aiteretion, renovation and rehabilitation of an existing motel complex, as well as the construction of an eight (8) story residential • • • structure. • • Th?•applicant,ken Fields,filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF.FACT, based upon the evidence,information,testimony and materials presented at the public hearing and which are part of the record.for this matter: • A. The subject structure is located within the Collins Waterfront Local Historic District and is designated contributing in the Miami Beach Historic Properties Database. • B. Based on the plans and documents submitted with the application, testimony and information provided by the applicart,and the reasons set forth In the Planning Department ' Staff Report,the project as submitted is consistent with the Certificate of Appropriateness • i Criteria in Section 118- 64(a)(1)of the Miami Beach Code,is not consistent with Certificate of Appropriateness Criteria a,b.,c,and d in Sectton.118.-564(x)(2)of the Miami teach Code, is not consistent with Certificate of Appropriateness Criteria..b,d;J,and m in Section 118- • 564(a)($)of the Miami Beach Code,and is not consistent with Certificate of Appropriateness. Criteria for Demolition 6, 8 and 9 in Section 118-564(f)(4) • C. The project would be consistent with the criteria and requirements of section 118,564 if the • following conditions are met: • • • • • tl I F • ? I • • Page 2cife • HP8 File No 1840 • • • Meeting Date:March 9,2004 • • 1. Revised elevation,detailed site plan,and floor plan drawings,shall be submitted to • and approved by Staff;at a minimum,such drawings shall incorporate the following: a.• The proposed roof top canopies shall be eliminated at each level. b. Additional details of the louver system shall be provided,Including a section detailing the mothod of attachment to the building, color, and method of • operation, subject to the review and approval of staff, The louver locations • shall also be shown on the floor plans. • • • c. The east elevation of the exiting.northernmost building shall be restored to its • original configuration,in a manner to be reviewed and approved by staff. • • d. Each elevation shall contain a corresponding elevation section mark on the site plan which accurately denotes the angle at which the elevation was • drawn. • e. Enclosed living areas placed above the existing lobby roof shall be subject to the review and approval of staff. • f. Building sections shall be provided through the m ain a xis'Of the tower • structure and existing buildings. g. The renovation and regtoration of the existing structures shall obtain a building permit concurrent with the new construction.A Temporary Certificate of Occupancy(TCO)shall not be Issued for the newly constructed.residential portion of the project prior to the completion of the renovated and reconstructed retail portions. 2. 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. All exterior walkways and driveways shall consist.of decorative paver.,set in sand or other equally semi-pervious material, subject to the review and approval of staff, . b. All landscape areas abutting driveways and parking areas shall be . defined by decorative bollards.. • .I • • tit • • J • ! 9 Page 3 of 6 • HPB File No. 1840 Meeting Date: March 9,2004 • c. A fully automatic Irrigation system yvith 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. d. The landscape plan shall satisfy all requirements as specified in Chapter 33 • of the Miami-Dade County Code. A landscape table shall be provided on final landscape plans addressing all minimum quantity and native requirements,subject to the review and approval of staff. e. Backflow preventore and utility boxes shall not be permitted within any required yard. The location of backflow preventor, Siamese pipes or FPL boxes, if any,and how they are screened with landscape material from the right-of-way. shall be indicated on the plans and shall be subject to the review and approval of staff. f. The site landscaping along i„Ib.erty Avenue shall be carefully coordinated with the Oceanfront Neighborhood Streetscape Improvement Project. Refer to the City of Miami Beach Capital Improvements Office for further information. • g. The paving pattern and paving material on Liberty Avenue shall be subject to the review and approval of staff and shall be integrated into the design of any landscaping features, • 3. All building signage shall be consistent in type, composed of flush mounted, non- plastic, individual letters and shall require a separate permit. 4. The final exterior surface color scheme,Including color samples,shall be subject to the review and approval of staff and shall require a separate permit. 6. A traffic mitigation plan, which addresses all roadway Level of Service (LOS) deficiencies relative to the concurren'y requirements of the City Code, if required, shall be submitted prior to the issuance of a Building Permit and the final building plans shall meet all other requirements of the Land Development Regulations of the • City Code. 6. Manufaeturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, prior to the issuance of a building •f permit. • 7. All ro.of4tap fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and shall be screened from view, in a manner to be approved by staff. 8. Revised drawings,with corresponding color photographs that are separate from the construction documents, drawn to scale and clearly documenting the existing • My i • 3 • • Page 4 of 6 HPB File No. 1840 • • Meeting Date: March 9,2004 conditions of the subject building, shall be submitted. Such drawings end photographs shall include all four elevations and interior floor plans of the building, as well as a site plan. 9. An historic analysis of the existing structure,inclusive of a photographic and written description of the history and evolution of the original building on site, shall be submitted to and approved by staff,prior to the.issuance of a Building Permit;such historic analysis shall be displayed prominently within the public area of the structure, in a location to be determined by staff. • • 10. All.new and altered elements,spaces and areas shall meet the requirements of the Florida Accessibility Code(SAC). 11. The project shall comply with any landscaping or other sidewalk/street improvement standards as May be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the Issuance of a Certificate of-Occupancy. 12. The applicant may be required to submit a separate analysis for water and sewer requirements,at the discretion of the Public Works Director,or designee. Based on a'preliminary review of the proposed project,the following may be required by the • Public Works Department: a. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable. b. Mill/resurface asphalt in rear alley along property, if applicable. c. . Provide underground utility service connections and on-site transformer Ibcation,if necessary. d. Provide back-flow prevention devices on all water services. e. Provide on-site, self-contained storm water drainage for the proposed development. f. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system capacity analysts as determined by the Department and the required upgrades to water and sewer mains servicing this project. • d g. Payment of City utility impact fees for water meters/services. • h. Provide flood barrier ramps to underground parking or minimum slab elevation to be at highest adjacent crown road elevation plus 8". • a 0 t 1 1 I • • I Page 5of0 HP8 File No. 1840 Meeting pate: March 9,2004 i. Right-of-way permit must be obtained from Public Works. • i J. • All right-of-way encraaehments must be removed. k. All planting/landscaping in the public right-of-way must be approved by the Public Works and Parks Departments. 18. A drawn plan and written procedure for the proposed demolition shall be prepared and submitted by a Professional Structural Engineer, registered in the State of Florida, which fully ensures the protection of the public safety, as well as the protection of the existing structure on the subject site and ail existing structures adjacent to the subject site during the course of demolition.. 14. The Certificate of Appropriateness for Demolition shall only remain in effect for the period of time th.at there Is an active Certifite of Appropriate.noss for the associated new construction on the subject property, 15. The Final Order shall be recorded in the Public Records of Miami-Dade County,prior to the Issuance of a Building Permit. 15, 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 retumed'to the Board for reconsideration as to whether the order meets the criteria forapproval absent the stricken provision or condition,and/or it is appropriate to modify the remaining conditions or impose new conditions. IT iS HEREBY ORDERED, based upo.n the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing,which are part of the record for this matter, and the staff report and analysis,which are adopted herein, including the staff recommendations which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact(Condition Nos. 1-15, inclusive)hereof,to which the applicant has agreed. No building permit may be issued unless and until all conditions of approval as set forth herein 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 zoning j approval. If adequate handicapped access Is not provided,this approval does not mean that such handicapped access is not required Or that the Board supports an applicant's effort to seek waivers relating to handicapped accessibility requirements. A =.1 ^n„ t�f8e s A `I•. ,� A-..rf!!I• .ft �. t d el` A. ;eerev_e • ro �%.s fllCQe ��• ; 1 a ore •_n _e .4.It ,doo. = ••dit.) • as �n1at% .e ••.or el� a .. I • .0. nc th.e f jour Area,l tlf f_Al .slis l*to, fpf• b,pr.pr .#.,.;# )I b .ubmitted If all of the..above.,speeified conditions are satisfactorily addressed,the plans will be reviewed for building permit approval. Two(2)sets will be returned to you for submission for a building permit • . • • r Page 6 of 6 • HPB File No. 1840. Meeting Date: March 9,2004 and one (1)set will be retained for the Historic Preservation Board's file. If the Full Building Permit is not issued within eighteen(18)months of the meeting date at which this . Certificate of Appropriateness was granted and construction does not commence and continue In accordance with the requirements of the applicable Building Code, the Certificate of Appropriateness will expire and become null and void, unless the applicant, prior to expiration of such period, makes application to the Board for an extension of time; the granting of any such extension of time shall be at the discretion of the Board.At the hearing on any such application,the Board may deny or approve the request and modify the above conditions or impose additional conditions. 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 og day of_ t t4 ,20 09,. . • HISTORIC PRESERVATION BOARD . THE CITY OF MIAMI BEACH, FLORIDA BY: ►.A ,( �� . THOMAS R.MOONEY,AICP . DESIGN AND PRESERVATION MANAGER • • FOR THE CHAIR . . STATE OF FLORIDA ) . • )SS COUNTY OF MIAMI-DADE ) • • The foregoing instrument was acknowledged before me this )-.S'7A' day of • ,1.AR Pteif _ 20d 4' by Thomas R. Mooney, Design and Preservation Manager, Planning Department,City of Miami Beach,Florida,a Florida Munic.sal orporation,on behalf of the • Corporation. He ism ese��mum.lo.me. ..,,,� ,! ,; ,, . s, �,.P A. r • /y�, " i . p A'raft NOTARY PUBLIC C/y. 47 r ' .• r-*r-►" �. • MY Opitim134,00 comi74 Miami-Dade County, Florida " July 17. My commission expires: Approved As To Form: . , • Legal Department: .. ... : .� ::.. , 4'. .. . .. ( '-'42.-0 () Filed with the Clerk of the Historic Preservation Board on 1 . � ( ) • s :1 PLAN1$HPB104HP81MarHPBO411840.fo.doo • I tbitA "i / '. 1 ' C • • I • • • • • • i • • Exhibit • .• • • 1 110111111B 11111010 IMI 1 1111.1111111111 1 111 lt4 ",`Y�,101 1 2R 0 P 0389 i. OR Il, 2830 PEJr 2015 -° 2010 ClOpos) RECORDED 11/07/2012 15o51e2i HARVEY RUVIHr CLERK OF COURT i IAMI-GAL E COUNTYr FLORIDA HISTORIC PRESERVATION BOARD 1 City of Miami Beach, Florida • t MEETING DATE: September 11, 2012 • CERTIFICATION • THIS IS TO CERTIFY'MAIM ATTACHED DOCUMENT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL ON FIE IN HE(RC OF TH.PLANNING DEPARTMENT. �tY 0 MI BEACH FILE NO: 1840 ' PeS�nature;� ma; uecIof Qr rsonmm, mown to me se Pt uced I': rr • 4 .- Notnry�)Lc,S�tYe�ol�lpri at l�tpe��-�� 11/1 Printed Name: 1. •• �`"' PROPERTY: 2360 Collins Avenue My Commission Expires:(Seal) ,, ../1? Tnls document contales/10 pages. ,d LEGAL: Block 3 of the Amended Plat of the Ocean Front Property of the Miami Beach Improvement Company's Subdivision, according to the Plat Thereof, as Recorded in Plat Book 5, Page 7, of the Public Records of Miami-Dade County, Florida. . IN RE: The Application for a Certificate of Appropriateness for the partial demolition, partial reconstruction, alteration, renovation and rehabilitation of • an existing motel complex, as well as the construction of an eight(8) story residential structure. Specifically, the applicant is requesting substantial • design and massing modifications to the previously approved project, including the elimination of all on-site parking, along with a change of use • from multifamily to hotel. 0 Ftp p • The applicant, Centurian Collins Avenue, LLC, filed art application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. . The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing • and which are part of the record for this matter: A, The subject structure is classified as 'Contributing' in the Miami Beach Historic Properties, �, .;.;. .> Database and is located within the Collins Waterfront Historic District.B. Based on the plans and documents submitted with the application, testimony and . Page 2 of 10 • HPB File No, 1840 Meeting Date: September 11,2012 information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is not consistent with the Certificate of • Appropriateness Criteria 'a' in Section 118-564(x)(1) of•the Miami Beach Code, Is not consistent with Certificate of Appropriateness Criteria 'a', & 'b' in Section 118-564(a)(2) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria 'b' & `e' in Section 118-564(a)(3) of the Miami Beach Code, and is consistent with Certificate of Appropriateness Criteria for Demolition In Section 118-564(f)(4)of the Miami Beach Code, • C. The project would be consistent with the criteria and requirements of section 118-564 if the • following conditions are met: 1, Revised elevations, site plan and floor plan drawings shall be submitted to and approved by staff;at a minimum, such drawings shall incorporate the following: a. The original lobby shall be fully restored to the greatest extent possible, including restoration of original materials and finishes, including the original lobby desk configuration. b. The accessible ramp at the main entrance to the historic lobby shall not be permitted as proposed, and shall be redesigned in order to require little or no demolition of original architectural features. c. The exterior of the original lobby shall be fully renovated and restored, including • the use of matching materials and finishes where possible. • • d. The demolition of the existing original front entrance steps and curvilinear planter shall not be permitted;they shall be retained and restored, • e. The demolition of the northeast corner hotel rooms on the first and second floors, shall not be permitted. Any demolition in this area shall not exceed the demolition initially reviewed and approved by the Board. . • • f, The original pylon at the front entrance shall be fully restored. g. The original building slgnage, 'Motel Ankara' shall be restored in its original location on the north stairwell pylon. h. The design for the standard guest room elevations shall be further refined and simplified in a manner to be reviewed and approved by staff. • 1, Balconies shall be provided on levels 5 through 8 on the northeast and northwest elevations of the north wing. of the new construction, as shown in submitted elevation drawings. j. The proposed monument sign for the Liberty Avenue entrance shall be reduced ,,,,/! by the ::�:` •r In size not to exceed sixty(60)square feet, subject to review and approval y , Zoning Board of Adjustment, and sited In a manner to be reviewed and approve .. by staff. " .. • i• w rr • • it Page 3 of 10 • , HPB File No. 1840 • Meeting Date: September 11, 2012 k. Compliance with Section 130-132 of the City Code, as it pertains to the removal of required parking, as proposed by the applicant, shall be determined by the • Planning Director. I. An identification marker of the proposed new structure or new addition to an existing structure, including the name of the design architect and year of construction, shall be required. The design, dimensions, material and location of such marker shall be consistent with the prototype B (oval), adopted for approval by the Board and shall be submitted to and approved by staff, prior to the Issuance of a Building Permit. Such marker shall be two (2) square feet in size, consist of a stainless steel, brushed aluminum or similar finish and utilize an arial font with routed out or engraved black letters. • m. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and shall be architecturally screened from view. n. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been•constructed in accordance with the plans approved by the Planning Department for Building Permit. 2. 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. The proposed `green screen'landscape structures along Collins Avenue, which would block views from Collins Avenue to the restored building, shall not be permitted. Only low ground cover and canopy trees shall be permitted, in a manner to be reviewed and approved by staff: - - b, • The Liberty Avenue Street end, from 23''d Street to the Collins Canal shall be designed, permitted and built by the applicant, in a manner to be reviewed and approved by staff. One half (50%) of all costs associated with the design, permitting and construction of the street from 23rd Street to the Collins Canal and the street end, including but not limited to landscaping, hardscaping, drainage, irrigation and lighting, shall be the responsibility of the applicant. Should the coats to the applicant'exceed $250,000, the applicant shall'return to the Beard for a modification of this condition, Such stre.etscape shall be coordinated with the City's Capital improvement Project for Lake Pancoast neighborhood along the north side of the canal. c. Only low ground cover and canopy trees shall be permitted within the Liberty Avenue right-of-way and Street end and along the Collins Canal adjacent to the � ;•«;;,,, new Liberty Avenue hotel entrance, in a manner to be reviewed and approved ",`; t' • i by staff, a• . .`.'1 ` t•t ,'. • Page 4 of 10 • N PB File No. 1840 ' Meeting Date: September 11,2012 d, Any security fencing or gates shall not be located within the front yard facing Collins Avenue and shall be setback behind the face of the historic building, subject to the review and approval of staff. . e. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in orderto render the system inoperative in the event of rain. Right-of- way areas shall also be Incorporated as part of the irrigation system. f. The utilization of root barriers and/or structural soil, as applicable, shall be clearly delineated on the revised landscape plan. • g. 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. • h. 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, i, 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. 1 All building signage shall be consistent in type, composed of flush mounted, non-plastic, 1 Individual letters and shall require a separate permit. n i i d jgatxmjagill,De romco t.of reverse c apnel lg.ters only. 4. The final exterior surface color scheme, including color samples, shall be subject to the review and approval Of staff and shall require a separate permit. 5. -Revised drawings, with corresponding color photographs, that are separate from the it construction documents, drawn to scale and clearly documenting the existing conditions of the subject building, shall be submitted. Such drawings and photographs shall include all four elevations and interior floor plans of the building, as well as a site plan. r.0µ 6. An historic analysis of the existing'site, inclusive of a photographic and wrItt® ,� '�`� , description of the history and evolution of the original and existing building on site, sh ` f be submitted to and approved by staff and installed,pi&to the Issuance of a Certitica ' of Occupancy (C.O.) or Temporary Certificate of Occupancy (T.O.O.); such histork ' • • 1 1 • • v • Page 5of10 HPB File No. 1840 Meeting Date: September 11, 2012 . . • { analysis shall be displayed prominently within the public areas of EACH retail structure, • • in a location to be determined by staff. • 7. Ali new and altered elements, spaces and areas shall meet the requirements of the . • Florida Accessibility Code (FAC). 8. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. 9. The applicant•may be required to submit a separate analysis for water and sewer requirements, at the discretion of the Public Works Director, or designee, Based on a preliminary review of the proposed project, the following may be required by the Public Works Department: a. A traffic and neighborhood impact study shall be conducted as a means to measure a proposed development's impact on transportation. and neighborhoods. The study shall address all roadway Level of Service (LOS) deficiencies relative to the concurrency requirements of the City Code, and if required, shall be submitted prior to the issuance of a Building'Permit. The final building plans shall meet all other requirements of the Land Development Regulations of the City Code. The developer shall refer to the most recent City • of Miami Beach's Traffic and Neighborhood impact Methodology as Issued by the Public Works Department. • b. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable, Unless otherwise specified, the standard color for city sidewalks is red, and the standard curb and gutter color is gray. c. Mill/resurface asphalt in rear alley along property, if applicable. • 'd, Provide underground utility service connections and on-site transformer location, If necessary, e. Provide back-flow prevention devices on all water services. f. Provide on-site, self-contained storm water drainage for the proposed development. g. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system capacity analysis as determined by the . Department and the required upgrades to water and sewer mains servicing this • project. ' I ^" h. Payment.of City utility impact fees for water meters/services, �: a Provide flood barrier ramps to underground parking or minimum slab elevation:I. • , to be at highest adjacent crown road elevation plus 8", 1. „ % i V:1) Page 6 of 10 HPB File No. 1840 Meeting Date: September 11,2012 • J. Right-of--way permit must be obtained from Public Works. k. All right-of-way encroachments must be removed. I. All planting/landscaping in the public right-of-way must be approved by the Public Works and Parks Departments. 10. A drawn plan and written procedure for the proposed demolition shall be prepared and submitted by a Professional Structural Engineer, registered in the State of Florida,which fully ensures the protection of the public safety, as well as the protection of all existing structures adjacent to the subject site during the course of demolition. . • 11, The Certificate of Appropriateness for Demolition shall Only remain In effect for the period of time that there is an active Certificate of Appropriateness for the associated • new construotion on the subject property. 12, The Applicant agrees to the following operational conditions for any and all permitted ' hotel and accessory uses and shall bind Itself, lessees, permittees, concessionaires, renters, guests, users, and successors and assigns and all successors in interest in whole or in part to comply with the following operational and noise attenuation. requirements and/or limitations. a, REST No accessory restaurant outdoor operations shall operate between 2AM and SAM. b. QQ T CQ QIT ,N I. The applicant shall ensure through appropriate contracts, assignments and management rules that..thes.e restrictions are. enforced. _Owner . .. agrees to include the rules and regulations set forth in these conditions in any contract or assignment. All food served on the rooftop or on exterior public areas of the hotel shall be prepared in the hotel kitchen. Alcohol service to the rooftop shall • cease at 11 PM, seven (7) days a week. The hotel rules and practices shall require that the rooftop spa be closed from 11 PM to SAM,• • Owner agrees to Install sound attenuating design elements throughout the property In order to minimize any spillover of sound to adjacent properties, in a manner consistent with the limits and requirements of the City Code, Rooftop lighting fixtures shall be designed to deflect light from spilling over to adjacent and nearby properties, w M Iv.• All roof-top fixtures, air-conditioning units and mechanical devices shall.< . Y • be screened from view, In addition, Owner agrees to install an exhaust.. system for the kitchen that will substantially reduce all grease and smoky • that would otherwise escape to the surrounding area. Finally, Owner .\ • 1 Page 7of 10 • • HPB File No. 1840 • Meeting Date: September 11, 2012 agrees to install the fan in connection with the kitchen exhaust system . within the interior of the building in order to reduce noise levels at the • exhaust outlet. • v. All stair towers, elevators, and mechanical equipment shall be appropriately designed, screened and detailed in a manner consistent • • with the building's design,subject to the review and approval of staff. • • c. iNQISE CONDITIONS • • . I. The Historic Preservation Board (HPB) or the Planning Director shall retain the right to call the owners and/or operators back before the HPB, at the expense of the owners and/ or operators, to Impose and/or modify the hours of operation, and the placement or use on the property of • exterior speakers, fixed or portable,or amend or impose other conditions, should there be a valid violation (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise or other conditions of this approval. An adverse adjudication of a violation against the owner or operator is not necessary for the board to have jurisdiction over the matter under this condition. This condition vests jurisdiction independent of.any other condition hereof. • • ii. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami beach, Florida (a/k/a "noise ordinance"), as amended, shall be deemed a violation of this approval and subject the approval to modification In accordance with the procedures for modification of prior approvals as provided for in the Code, and subject the applicant to the review provided for in the first sentence of this subparagraph. • . No outdoor bar counters shall be permitted on the premises except one (1)located on the rooftop facility, and-one(1)adjacent to the ground floor restaurant. iv. No speakers, except as may be required for fire or building code/Life • • Safety Code purposes and those associated with the distributed sound . j system for the pool deck for ambient music, shall be affixed to or • • • otherwise located on the exterior of the premises. . v. In addition to rooftop facilities, use of any pool or spa and pool or spa deck, courtyards and open air portions of the public areas of the hotel premises, as well as all terraces, private decks, and balconies associated with hotel units, shall be for the exclusive use of registered hotel guests • and their invitees except for the one (1) located adjacent to the ground floor restaurant, vi. The hotel rules and practices shall prohibit registered guests, visitors, ' ', Invitees and others using the hotel facilities or otherwise on the premises, from operating audio amplification equipment, inclusive of loudspeakers,.: radio receivers,television sets, musical Instruments, or other machines or . . A r • 7 ' �.:.A� j .. j { • I Page 8 of 10 HPB File No. 1840 Meeting Date: September 11,2012 devices for the producing or reproducing of sound, that produces noise • that is plainly audible at any apartment unit In the adjacent and nearby properties. vii. Notwithstanding the occupancy and seat counts shown on the plans submitted, calculations for required parking and concurrency for the project shall be determined by the Planning Department prior to approval of a building permit. Such parking and traffic calculations shall be based upon both the number of hotel rooms, and, additionally, the intensity of the proposed accessory restaurant as measured by the number of seats • in dining areas, and by the square footage of the liquor service areas not Included in the areas for which seats are calculated as provided for in this subparagraph. • d. RA Ib ON ITION i. All trash containers shall utilize rubber wheels, or the path for the trash containers shall consist of a surface finish that reduces noise, in a manner to be reviewed and approved by staff. Adequate trash room space, air conditioned and noise baffled, shall be provided, in a manner to be approved by the Planning and Public Works Departments. Doors shall remain closed and secured when not in active • use. • ill. Garbage dump>ter covers shall be closed at all times except when In • active use and garbage pickups and service deliveries shall not take place between 7PM and 8AM. • iv. Permanent outdoor cooking anywhere on the premises is prohibited. 'Kitchen and other.cooking adors-will be-contained within'the.premises: All kitchens and other venting shall be chased to the roof and venting systems shall be employed as necessary to minimize or dissipate smoke, • • • fumes and odors. v. Equipment and supplies shall not be stored in areas visible from streets, alleys or nearby buildings. • 13, At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein, as well as by the Building, Fire, Planning, CIP and Public Works Departments,.Inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field c�. �; ,, inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of ��as,/ Partial or Temporary CO,or a Partial or Temporary CC. " 7 , • Page 9of10 • HPB File No. 1840 Meeting Date: September 11, 2012 14. The Final Order shall be recorded In the Public Records of Miami-Dade County,prier to the issuance of a Building Permit.. • • 16. 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. . 16. The conditions of approval herein are binding on the applicant, the property's owners, operators,and all successors in interest and assigns. . 17. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact the evidence, information p 9 g g information, testimony and materials presented at the public hearing, which are part of the record for this • matter, and the staff report and analysis, which are adopted herein, including the staff recommendations,which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-17, 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, "2360 Collins Avenue HPB Progress • Package— Revisions to original HPB Submission", as prepared by ADD inc., dated September . 11,2012, • When requesting a building permit, the plans submitted to the Building Department for permit -shall-be consistent with the-plans .approved by-the-Board;-modifiedin 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. 1 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 K 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, the Certificate of v ,�,, �,. Appropriateness will expire and become null and void. if the Full Building Permit for the project .e 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 f'=, Certificate of Appropriateness will expire and become null and void. .a .., ir / ' * . 4a`,',1• OR BK 26349 PG '2014 • LAST PAGE Page 10 of 10 HPB File No. 1840 Meeting Date: September 11, 2012 • 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 violation of the land development 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 of da C(''' '015.5" 20 - HISTORIC PRESERVATION BOARD • THE CITY OF MIAMI BEACH FLORIDA (*"./ L[V a • BY: • THOMAS R. MOONEY,AiCP DESIGN AND PRESERVATION MANAGER FOR THE CHAIR le STATE OF FLORIDA ) .1ti\I(;V 7„7u 1 l.. t. 3 V COUNTY OF MIAMi-DADE ) L• . / _�. , �� • The. foregoin —instrument -was--acknowledg d before me- this day of 201 Pby 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, . • • ,• p{tY Pp� MBA MARIA '` ..'• • MY COMMISSION U OD 928148 ....�.....,.�w �` NOTARY PUBLIC • BMW o;tFnaa�o' 8ondenT6tu Mot Nasty Services Miami-Dade County, Florida • My commission expires: 1. — ' Approved As To Form: • Legal Department: ( iv'".,"'4.°l ) Filed with the Clerk of the Historic Preservation Board.on F.\PLAN1$HPBl 12HPB1$ep1211840.SEP2012.FO.doox • �✓. I I • r • � i . i Exhibit B-3 { /4"- { , • • 1 1111111 1.1111 11111 110111 11111 11111 1111 1111 CFN 2013R0762958 ......._........ __....._ .... �_ ..._.., OR B14 M 7 �` s 2 62 - 2365; (Oros) _..... ___....._.___........w.......... . .. .... . ..._... .�.._.. .........�_...,.._.... .__. ._. .. .. ..,.. I��CQRII � � Q i�,o�,t3�C1 HARVEY RUVINt CLERK OF COURT HISTORIC PRESERVATION BOARD M AMZ AC? COUNTY, FLORIDA City of Miami Beach, Florida MEETING DATE: September 10, 2013 1 • • ORS•VBLzl$ATBO-W Ds t8 TO CERNYMAAT'11 ATTAONIODI RtINNT • • FILE NO: 1840 ts AIWA oif:OCIAATt:cro$ c'•t,:5.:. ON ALE enema OPINE.UM DEPAMISOff. . .- Gtl'O IAMI WON ,tt, �► :: r, � m Petspnal►y pin to neat t''educed I : " PROPERTY: 2360 Collins Avenue . d$ , '� It rtna. ... , .`„.z. . Day Oom a �� es;(Seal) / _. w LEGAL: Block 3 of the Amended Plat of the Ocean Front Property of the Miami Beach improvement Company's Subdivision, according to the Plat Thereof, as Recorded in Plat Book 5, Page 7, of the Public Records of • Miami-Dade County, Florida. • IN RE: The Application for modifications to a previously issued Certificate of Appropriateness for the partial demolition, partial reconstruction, alteration, renovation and rehabilitation of an existing motel complex, as well as the construction of an eight (8) story residential structure. Specifloally, the appiloant is requesting more extensive demolition than previously approved. COUkp 4.1:1* ' The applicant, Centurian Collins Avenue, LLC.,filed an application with the City of Muni Beach • Planning Department for a Certificate of Appropriateness. '°4 • The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing anti which are part of the record for this matter: A. The subject structure is classified as 'Contributing' in the Miami Beach Historic Properties Database and Is located Within the Collins Waterfront Historic District. B. The subject Certificate of Appropriateness was originally approved by the Historic Preservation Board on March 9, 2004. Modifications to the original approval were approved on March 18,2007 and September 11, 2012. • • . 1 Page 2 of 4 HPB File No. 1840 Meeting Date: September 10, 2013 . • • C. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted Is consistent with the Certificate of Appropriateness Criteria in Section 118464(a)(1) of the Miami Beach Code, is consistent with Certificate of Appropriateness Criteria In Section 118-564(a)(2) of the Miami Beach Code, is not consistent • • with Certificate of Appropriateness Criteria 'b' in Section 118-564(x)(3) of the Miami Beach Code, and is consistent with Certificate of Appropriateness Criteria for Demolition in Section 118-564(f)(4)of the Miami Beach Code. D. The project Would be consistent with the criteria and requirements of section 118-564 if the following conditions are met; 1. Revised elevation, site plan and floor plan drawings.shail be submitted; at a minimum, such drawings shall incorporate the following: a. The applicant shall submit a complete struoturai report for the shoring, bracing, and stabilization of the building during the removal an.d replacement of the second floor slab, for review by Planning staff and the approval of the Building • Department, prior to the issuance of an expanded demolition permit. • b. A drawn plan and written procedure for the proposed demolition shall be . prepared and submitted by a Professional Structural Engineer, registered in the State of Florida, which fully ensures the protection of the public safety, as well as the protection of all existing structures adjacent to the subject site during the ' •. course of demolition, for review by Panning staff and approval by the Building Department, prior to the issuance of an expanded demolition permit. c. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify,in writing,that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit. 2. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account, All work on site must be completed in accordance with the plans approved herein, as well Js by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of a u irtial or Temporary CO, or a Partial or Temporary CO. • , ct • t : he Supplemental Final Order shall be recorded in the Public Records of Miami-Dade . ''ount , to the issuance of a Building Permit. ' Y !� 9 The Supplemental Final Order is not severable, and if any provision or condition hereof ' I '" is held void or unconstitutional in a final decision by a court of oompotent 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. i l • l Ys. .._......_ ._..........._... saga 3 of. .... __..._._ .ti. ..... . ..._.. _.- _ `; ,�iCa�i1'riLE1Rc1'it, HP File No 1640 q� 'caw>, • Meeting Date: September 10, 2013 • 6. The previous Final Orders dated March 9, 2004,.March 13, 2007 and September 11, 2012 shall remain In full force and effect. . 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 applicable law, nor allows a relaxation of any requirement or standard set forth In the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the pub.lio hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, inoluding the staff reoommendations, which were amended by the Board,that the Certificate of Appropriateness is 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 "2360 Collins Avenue—Revision to original HPB Order", as prepared by ADD inc., dated 10 September 2013. • 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 Final 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 Final • Order, have.be:en met • The issuance of this 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 hot 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 Trull Building Permit for the project is not issued within eighteen(16)months of the meeting { date at which the original Certificate of Appropriateness was granted, this Certificate of :I 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), this Certificate of Appropriateness will expire and become null and void. In accordance with Section 118»661 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deerned a violation of the land development regulations of the City Code, Failure to comply with this Order shall subject this Certificate of Appropriateness to Section 118-664, City Cede, for revocation or modification of the Certificate of Appropriateness. . R DK 28337 PG' 2365 , .....AST PAGE ii Page 4 of 4 HPB File No. 1 840 Meeting Date: September 10,2013 • 1 Dated this ._ .., .` day of Sq--iefiNcoor,20, :! I HISTORIC PRESER ATION B• 'RD TH: CITY OF MIAM/ B ACH, R •RIDA • • BY: .. • THOM, ' R. MOONS ,AIC•1'."" DESIGN AND PRESERVATION M 1 AGER • . • FOR THE CHAIR STATE OF FLORIDA ) )SS • COUNTY OF MIAMI»DADS ) • The foregoing instrument was acknowledged before me this J...0 A... day of 7 -irw ,, P 20 by Thomas R. Mooney, Design and Preservation Manager, • ■ Planning •epartment, Ity of M a 1 Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to me. 0::::::44, 7 f i * i, .;_' * MYCp�M(SI x08148 NOTA.�.... '"UBLIC ` Miami»Dade County, Florida �s My commission expires: /� —l,,3 • Approved As To Form: /► • Legal Department: A ( 9- t('..'Zoo ) or Flied with the Clerk of the Historic Preservation Board on °k.7-0Y- 11 • F:\PLANI$H PI3113HPS1SOp1311840-SEP2o13.F0.doex I I i 1 's I ,c. C? ,Lt.,MUM.,(;OUrd I r Ur UKUc: t14`•.- A1) • • ( H>EREB Si CERTIFY Ma?this Is a rru opy of the 69' c► °a • e �ng�nar tried rn OM aftrno on day of *.r w i-4::*'.. 1 i Isrmi,.1s ivy he x; Official Se81 '� 1J Ircaoilsa sir III d'UVI . C KR.• 9;uU o •C;,.2fl aunts :t.; I L • ' I . I Exhibit B-4 t I :A Recording Office Use only 1111111111111111111111111111111111111111 '. •'' BEFORE THE a � � BOARD , ,,; J.0 TMEN OR ' . .4.s} 1+,RECORDED �f1an� 14:201b7 ' OF THIS CITY OF MIAMI BISACH, FLORIDA HARVEY rirJUxrir rL RK OF COURT . . IN RE: The application of . KEN FIELDS a/k/a THE ANKARA . (formerly The Creek.Hotel). ' 2380 COLLINS AVENUE . . 'BLOCK 3 OF AMENDED PLAT OF .00EANFRONT PROPERTY OF THE ' MIAMI I BEACH IMPROVEMENT CO.SUBDIVISION PLAT BOOK 8-7; MIAMI-DADE COUNTY,FLORIDA (ompiete legal dascription'on fife in tho City of Monti Beach?tanning Department) • M•E Nd DATE:MAY 7,2004 _� FILE NO. • . .The applicant, Ken Fields,filed an application with the Planning Department for varian+es . in order to permit the conversion of ern existing hate!to.©ondominium units&townhouses with a new restaurant including a new eight (0) story building addition to the existing historic structure, as follows: • . 1. ' •A variance to exceed the'maxirnuni permitted number of seven(7) stories by one (1)story in order to allow construction of are eight(6) .. story condominium. , 2. A variance to waive 6'-0"of the minimum required 10'-0"south side yard pedestal setback in order to allow construction of an eight(8) Mary.condominium 5'-,0"-from•tice•scuth•property line. . 3. A variance to waive.5'.—6"of the minimum required 10'-0„north side yard pedestal setback in order to retain portions of an existing historic hotel including a new four story addition and a one story roof top addition.4' —6"from the north property line. . • i 4. A variance to waive 10'._0"of the minimum required 20'»0"sum of . • 1 the side yards setback in order to allow construction of an eight.(6) • story condominium,retention of portions of en existing historic hotel' • Including a new four story addition.and a one story roof top addition with a 10'.0"sum of the side yards setback. . 5. A variance to waive 14'-0"of the minimum required 20'-0"front yard , . pedestal setback in order to permit the construction of an eight(8) { story oondorniniu.m 0'-0"from the west property line facing Liberty Avenue. / l I • • I • 1 • • •• d •4, A . :gC Li A • • 6.. A variance to waive 3•0'—.0"of the Minimum required 46'»4"front yard tower setback in order to permit the construction of an eight(8) • ;I story condominium 6'-6 u.from the west property line facing Liberty Avenue. ' 7. A variance to waive 7'—6"of the minimum required 12'—8"south side• yard tower setback in order to allow ponstruotion•of an eight(8)story condominium 6'-►0"from the south property line, 8. A variance to waive 7'—6"of the minimum required 20'-0"front yard at-grade-parking setback in order to permit a one-way ciropwofi:dreular drive 12'w 7"from the front•property line facing Liberty Avenue. 9. A variance to exceed the maximum allowable projection into a required front yard of 20'—0"for an'outdoor patio/deck by 16'—0"in order to permit the projection with no setback from the front property • line facing Collins Avenue. 10. A variance to exceed the maximum allowable projection into a required side yard of 10'—0"for balconies by 7'•6"in order to permit the projections with no setback from the north side property line. • 11. •A variance to exceed the maximum permitted number of two(2) tandem parking spaces by one(1) parking space In order to permit three tandem parking spaces. 12. A variance to waive to waive 22'of the minimum required 22' interior .. •d1+'ive*ay width for 90(ninety)degree parking to.ailowthe•plaoeiri:ent of • 28 automobiles on mechanical lift stations. • Notice of the request for variances was given as required by law and mailed to owners of . property within a distance,'of 375 feet of the exterior limits of the property on which application was made. THE BOARD FINDS that the property in question is tooated,in the 004 Zoning District, • AT THE HEARING,Variance Request No 12 was withdrawn. THE BOARD .FURTHER FINDS, based upon evidence, testimony, information and • • documentation presented to the Board, and portions of the staff report and recommendations,•as applioable,.which,are incorporated herein by this reference, that with regard to the requested variances when conditioned as provided for in this Order: %r I . BK '22.T.4 6 P G 2 1•C•,.3. 11.04.9,7" PAGE: , , • z .= ; + E • A.M1 4. This order is not severable,end if any provision or oondltion.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. Nete: Variance Request No f2 was WITHDRAWN at the hearing. PROVIDED,the applicant shall build in accordant with the plans submitted as part of this file and as approved by the Board of Adjustment with any applicable modifloations. The applicant shall have a building permit for the work contemplated herein issued by the Building Department on or before May 7,2005(within one year of the date of this hearieg), otherwise this Order shall become null and void, unless the issuance of such permit is stayed by an appeal of this Order to a court of competent jurisdiction. This Order does not constitute a building permit,but upon presentation of a recorded copy of this Order to the , • Planning Department, a permit shall be processed and approved (Subject to compliance with the conditions hereof)in acoOrdence with and pursuant to the ordinances of the City of Miami Beach. Board of Adjustment of • The City of Miami Bea,h, Florida • • I • • • By: Vailaw. • Jort G., ome , ICP Pt: •ing and Zoning,Dire • C' of Miami Beach 1 "00 Convention Center Drive . • , • . Miami Beach, Florida 33139 • . STATE OF FLORIDA COUNTY OF MIAMI,DADE ) The foregoing insVment was acknowledged before me this day of by Jorge Gomez,Planning and Zoning Director of the City of Miami Beach,Florida,a'Florida Municipal Corpot ,0 behal c corporation. • He is personally known to me. • Awri,,, 71 NotarY: Q:At TV 7. WALlikocy.,„,44,-.%b? . Print Name: [NOTARIAL sea] ----44.104,, 0%4 Notary Public, State of Florida My Commlision Expires: ?,'Poo 4' . . . Approved As To Form: Legal Department ( ( 4(112041 ) • Filed with the Clerk of the Board Of Adjustment on .4100 (/4/4 PIPL4NISzbelPINALORM8000.0rder 2360 Ccens,The Ankara 6-04,doo 4 • • • • • • • Exhibit B-5 � I � I . I ' J • 111111111111111111111111111111111111111111111 • C F`14,41 .201 31k011:11:544•46 • OR Carla 28486 Pss 0167 - 1710 (6nss) • ' RECORDED O2/12/2Oi 11:55u22 . • DOCUMENT COVER PAGE ' HARVEY RI 11$, CLERK OF Ct11.11i'i` -• ' • i"i1 AN-DADE C(]UNTYp FLORIDA. :I • For those documents not providing the space on the first page,this cover page must be attached. : • It'must describe the document in•suffcient detail to prohibit its transference to another document. • , 4. • • . • An additional recording fee for,this page must be remitted, • ,• • • • • • 1.4 WMII,INIr...,.WNI.IIXUI.IN ' ,11.1,1.IN.I.IN,,,IUII/IIII,II.IXI NXNII. ' • • • • (Space'above this line reserved for.recording office use) • i Doc ent e O . _ . . • (Mortgage,.Deed,Construction Lien,Etc.). .. • . • • •• • Executing Party: •• • • . l Description: . • • (I'fApplic>ble) • ' . i •• • • ' • . As more fully de eribed'in above described document. • . Return Document To/Prepared By: • • • , • • . • F.S.69546 Requirements for recorddb ig instruments affecting real property-:- • • . . (i ve ac p statute) . . • . (.1) No Instrument by which the title':to .real property or afly' y.Iritnrest therein is • • • • conveyed;'Ssslgned,.er icurbered,or.otherwise disp_osed.'of•shall be recorded by the • I • • clerk of the clrcuit.•cpurt unless: '. ' . (e) A 3 i h y•S:rinc'8 spy Yet the top right-hand tinier on. .e �. �F:::IfifIW'''z,i):._. • • .' • ' and'a :1-inch;by 3-inch's ace at theta' Tight-hand corner on •su�bae z�t7 K ..- p P 9 qs , . . . • . • •are reserved for use by the clerk'of the court;.. • . '. •• • 4' H. ' ' • . ' • i1 ':.; /2‘...'. . . . . .'1•1kZti ��yysst61t1DVk7Aii5t,' • CLK(OT 165 Rev.04111 , { • Recording Office Use Only • Is • • • BEFORE THE BOARD OF ADJUSTMENT OF THE • cow OF INIAPAI D FLORIDA • IN RE: The application of • Centurion Collins Avenue, LLC. 2300 Collins Avenue • . I Miami Beach, Florida • • • Meeting Date: December 7, 2012 • File No. 3009 • • • • The applicant, Centurion Collins Avenue, LLC, filed an application with the Planning • Department requesting a modification to the approved site plans. The modification requires new variances and the modification of previously granted modifications In order to permit the renovation of the existing structures and the construction of an addition, as •I follows:. • . ' • • 1. A•modification to delete all references to a completion date in the following Orders • and Modification Orders: . • Order ated May 7, 2004 • 3. The applicant shall obtain a building permit within one (1) year of the date of this . hearingan�l - :. : -Y -- - •-� - 0" r-: . � ... If the 'building permit is not obtained or construction is not completed within the specified time limits,the applicant shall, prior to expiration of such period, apply to the Board for an extension of time. At the hearing on such application,the Board • may deny or approve the request and modify the above conditions or impose • additional conditions. Failure to comply with this order shall subject the variance to Section 118-356, City Code, for•revocation or modification of the variance.. • Extension of Tim.;Order da ct rch 4.22n. • 3. The applicant shall obtain a building permit within e-(-1) °aM two(2)veers of the•date of this hearing --e -, _ = e e _ - . 3. a. _- _ . y M — of the hearing. • If the building permit is not obtained or construction is not completed within the specified time limits, the applicant shall, prior to expiration of such period, apply to the Board for an extension of time. At the hear z: .,ch ; i application, the Board may deny or approve the request and mo•= 9 . conditions or impose additional conditions. Failure to Comply with '°• d4:s s : subject the variance to Section 118-356, City Code,for revocation o atilt w!x on.,N the variance. Therefore,a building permit must be obtained by May I te..:4 ed by n tiay 7 2 w....... _.._... ._ ...._..• __.._. . .. . .,_. . _ _ . .. _. _ _., _._. • _. . .,. ... !• • i, Board of Adjustment Order; Meeting of December 7,2012 . File No,3009:'Centurion Collins Avenue,LW • 2360 Collins Avenue,Miami Beach • Page 2 of G • Modification Order dated A rii 4, 2008: MOdifloatifikaptilfication Order r dated r i 2� 007: ■ r it ■i i r i , ' -' - - .w .. �.• C �y'•w:�y"�� - -e 0 .. ,. ♦ r C {4.01t(��J1, o . e - ! 2. A modification to a previously approved variance to waive the required minimum • hotel unit size: 15% of the hotel units shall be between 300-335 s.f. and 85% of units shall be 335 s.f. of larger, in order to: . retain 6 hotel units within the historic structure at less than 300 s.f., the smallest at 285 s.f., (21%) and 14 hotel units between 300 and 335 s.f. (48%)and 9 units at+335 s.f. (31%) • • ® and to build 3 new units above the historic structure at less than 300 s.f.,the smallest at 285 s.f., (5%)and 19 hotel units between 300 and 335 s.f.(32%) and 38 units at +335 s.f. (63%) • New variances: • 3. A variance to relocate a permissible building ID sign from Collins Avenue to the north façade of the building, located on a rooftop.architectural element. 4, A variance to relocate a permissible building ID sign from Liberty Avenue to the ' south façade of the building, facing private property, and located on a rooftop architectural element. • • 5. A variance to exceed-by 45 s.f. the size of a monument sign of 15 s.f. In order to build a monument sign of 60 s.f. • 6. A variance to waive all of the minimum required front yard setback of 10'-0"in order • to build a monument sign up to_the front property line, facing Liberty Avenue, • 7. A variance to provide an architectural fin projecting up to the west property line, • • facing Liberty Avenue. • Notice of the request for variance was given as required by law and mailed to owners of • # I • property within a distance of 375 feet of the exterior limits of the property on which application was made. • THE BOARD FINDS that the property in question is located in the CD-3 Zo` u a :. ‘6,/ ,§, THE BOARD FURTHER FINDS, based upon evidence, testimony, info s . documentation presented to the Board, and portions of the staff recommendations,as applicable,which are incorporated herein by this reference,that with • • • i . ' hoard of Adjustment Order: Meeting of December 7,2012 ' File No.3009: Centurlan Coffins Avenue,LW . ' 2360 Collins Avenue,Mlaml Beach Page 3of6 • regard to the requested variances when conditioned as provided for in this Order: • That special conditions and circumstances exist which are peculiar to the land, structure,or building involved and which are not applicable to other lands, structures,or buildings in the • • same zoning district; =; • That the special conditions and circumstances do not result from the action of the • • applicant; . • That granting the variance requested will not confer on the applicant any special privilege that Is denied by this Ordinance to other lands, buildings, or structures in the same zoning district; . That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance and would work unnecessary and undue hardship on the applicant; That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; • That the granting of the variance will be in harmony with the general intent and purpose of this Ordinance and that such variance will not be injurious to the area involved or otherwise • detrimental to the public welfare;and That the granting of this request is consistent with the comprehensive plan and does not reduce the levels of service as set forth in the plan. ' IT IS THEREFORE ORDERED, by the Board,that the modification and new variances be APPROVED as requested and set forth above;with the following conditions to which the applicant has agreed: • • 1. Substantial modifications to the plans submitted and approved as part of the application, as determined by the Planning Director or designee, may require the • applicant to return to the Board for approval of the modified plans, even if the modifications do not affect variances approved by the Board. 2. The applicant shall comply With all conditions imposed. by the Public Works • Department. . 3. All improvements in the public right-of-way associated with the subject project,„ all i `� r:�tiCO be subject to the final review and approval of the Planning Departme .: hi# 1 • Public Works Director, and the Parks and Recreation Department Kt shall require an agreement,subject to the review and approval of the .: ` _ £ y, providing for the assumption of maintenance and liability oblig a Applicant, and its successors and assigns, executed and recorde,: ;y e ertin issuance of a building permit. ° i __ _ _.. _. _. _ .. .. _. . • Board ofAcffustment Order: Meeting of December 7,2012 • File No.3009: Centurlan Collins Avenue,LLC . 2380 Collins Avenue,Miami Beech Pape 4 of 6 • • 4. If the full building permit issued for the project should expire,the Planning Director • shall determine whether the variances issued shall require review and action by the . Board of Adjustment. • 6. The Board of Adjustment shall retain jurisdiction of this file. The Planning . Department or the Board of Adjustment may require a progress report within 12 1 i months or sooner, as determined by the Planning Department or the Board of • i i Adjustment. . 6. The applicant shall complete the project on or before January 31, 2016. . • . • 7. • The conditions in this•Order are binding on the applicant,the property's owners and • • all successors in interest and assigns. 8. This 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. 9. Nothing in this order authorizes a violation of the City Code or other applicable law, . • nor allows a relaxation of any requirement or standard set forth in the City Code, • • except to the extent of the variance granted herein. . 10. This Order shall be recorded,at the,expense of the applicant,.in the Public Records of Miami-Dade County; the original or a certified copy shall be provided to the . • Planning Department, ror to the issuance of a Building Permit. • • • . PROVIDED,the applicant shall build substantially in accordance with the plans approved by the Board of Adjustment, as determined by staff, entitled "Aloft", as prepared by ADD, Inc., dated December 7, 2012, modified in accordance with the conditions set forth in this • Order and staff review and approval, • • The applicant shall have a full building permit for the work contemplated herein issued by the Building Department on or before June 7,2014(within eighteen months of the date of• • • this hearing) as per the above conditions. If the full building permit is not obtained within . the specified time limits,the applicant shall apply to the Board for an extension of time prior to expiration of such period; otherwise, this Order will expire, and become null and void, • • unless the issuance of such permit is,stayed by an appeal of this Order to a court of competent jurisdiction. . a�or • This Order does not•constitute a building permit, but upon presentation of a r°,�gc<- - "�i:: of this Order to the Planning Department, a permit shall be processed 'tl';:.6, ',-,;. ,,,ed• �,�' (subject to compliance with the conditions hereof)in accordance with and ` a ••a ' ,ne l ordinances of the•City of Miami Beach. t 4. .N�-wHi:- Board of Adjustment of , r { 1 . OR . itit 234236 P°t 017 1 ,•• L..fti T PAGE Board of Adjustment Order: Meeting of December 7,2012 . File No,3009: Centurlan Collins Avenue,LLC 2360 Collins Avenue,.Miami peach Page 6 of S The City of Eij d @Antra 1 . By: • RI hard , Lorber, AICP, LED AP • :1 Acting Planning Director ' . City of Miami Beach :; : 1700 Convention Center Drive • • • Miami Beach, Florida 33139 STATE OF FLORIDA ) . COUNTY OF MIAMI-DADE ) • The foregoing instrument was acknowledged before me this ,..,,,�' A day of 7e.U r 1 ' , ag c2 40 ,by Richard C.Lorber,Acting Planning Director of the City of Miami Beach, Florida, a•Florida Municipal Corporation, on behalf of the • corporation. He is personally known to me. • '1:.%' MESA MARIA • •• ' , , a..0.-4--..•-_.- •'; _ MY C(�MMI�SIpN 4 pD 928146 . ~"*' L x M0$;Moiler 2,2413 I '''', F�1"` eonsiruu Su t Notary services Notary: ,,,,.._.- • . • Print Name: /-fig4 ,, 4 it'r ' [NOTARIAL SEAL] Notary Public, State of Florida • My Commission Expires: . . . , i • Approved As To Form: • • Legal Department ( /-1,9 l, ) Filed with the Clerk of the Board of Adjustment on F:I PLAM$zba1FINALORD1300S-Order-2360 Collins Av 92-92,doc . ' - Ortg'lnel Nod In this affil , QY� > .'Ira a ■w.,....4...,,,,,,, ......____B----14-473.__�iclal� / ,;a, `and f. yOunty ‘. :';:1',':. muir • • • ESCROW AGREEMENT ACKNOWLEDGEMENT REGARDING DISBURSEMENT OF ESCROW FUNDS • CENTU IAN'COLLINS PROPERTY OWNERS .i c do Madden Real Estate Ventures, LLC I 0.Gracie Square • Maisonette 120S ,I New York,Now York 10028. December y 20 t 3 Greenberg Traurig,P.A. 333.S.E. 2'"t'A venue Miami, Florida 33131 Attention: Alfredo.J.Gonzalez.Esq. Re: Escrow Agreement "Parking Impact Fee Escrow Agreement")dated as of the date hereof by and between Centurion Collins Property Owner, riVi 0rtgage Borrower") (as successor-in-interest to Centurion Collins Avenue, LLC), the City of Miami Beach and.Greenberg Traurig P.A. (''Escrow Agent") concerning real property located.at 2360 Collins Avenue, Miami Beach, Florida (the'°ropey ty") Ladies and Gentlemen: This letter shall constitute notice to l seTow Agent from Mortgage Borrower that (i) Starwood Property Mortgage, LL.C. ("Lender"). has made a mortgage loan to Mortgage Borrower and a mezzanine loan to-Centurion Collins'Metz Co, U..C, ,("Metz Borrower-) and (if) Mortgage Borrower has entered into an agreement with .Lender which requires that all . amounts payable to Mortgage Borrower (the "Escrpw Disbursements") be sent to (.,ender. to scare certain of Mortgage Borrower's obligations to Lender. 'Me undersigned hereby irrevocably instructs and authorizes Escrow Agent to disregard any and all previous notices sent to Escrow. Agent in connection with the Escrow Disbursements and hereafter to deliver all Escrow.Disbursements payable to Mortgage Borrower. to Lender as per the written instructions of Lender. The instructions set forth hcrei.n are irrevocable and are not subject to rescission or modification in.a.ny manner,except.that Tender.or any successor lender so identified by Lender. may by'written not lee to sscrcavi,Agent rescind or modify the instructions contained herein' [Signature:on the following page] 10X401461 V ltsCrf�1 115.,C� WW1 7601 4642 � f . . . . Sincerely, • CO.LLIN ,•AVE,Itfri, Delasvargjina:, • liab'itys„,fisk 1114 Ak1/4„ Naine: Title; CENTU11,1AN COI LI S PROplilerY OWNER.-1,1,,C.a Delaware ',Dit9,ci abi;', A i• Y: .... • Nanic: • • • • 'title: • • • li.:(4ALIJS,,11 HY/601460 . . . . Acknowledged and agreed to by: CiltEENBF,Ro. TR Ali J . By frip.7_ 416,. amg: / 4/8/4.44 -- 24/r.ca, Title: A_ 01445 elattati/are/LA LEGAL...US...P.8 107601460 ® MIAMIBEACH OFFICE OF THE CITY MANAGER MEMORANDUM TO: Jimmy L. Morales, City Manager -0 FROM: Joe Jimenez,Assistant City Manage Mana 9 DATE: January 12, 2015 SUBJECT: Settlement with ALOFT In response to Frank Del Vecchio's email regarding the parking fee in lieu program settlement with ALOFT,this memo shall attempt to clarify any vagueness in the earlier memorandum. First of all, let me apologize for the brevity of the agenda item summary and memo. It was my understanding that the settlement agreement would serve as the basis for a discussion of the item in detail. At the direction of the City Commission,the administration along with the City Attorney's Office negotiated with this property owner in an effort to collect delinquent fees and avoid litigation.The facts are as follows: The property in question originally applied for development review approvals in 2004. At that time, the fee in lieu of providing any required parking was fifteen thousand dollars per space. The application approved by the Historic Preservation Board and the Board of Adjustment (HOB and BOA respectively) provided all the required parking. Therefore, no fee was due. With the downturn of the economy, the project stalled and was never begun. In 2012, the project amended its application to the HPB and BOA. This new project failed to provide 184 required parking spaces. The Planning Director at the time allowed the application to proceed as an amendment to the original approved application. The then Acting Planning Director interpreted the Code to allow the project to avail itself of the applicability provisions of the parking fee in lieu program. The 2006 code, at the applicability section, provided as follows: "It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is hereby ordained that the provisions of this ordinance shall not apply to: (A)those projects consisting of three(3) units or less, which have received DRB or HBB approval prior to the effective date of this ordinance, nor(B)those projects which have paid in full the applicable parking impact fees associated with a building permit application prior to November 30, 2006 and have received HPB approval prior to the effective date of this ordinance." (emphasis added) The original approvals and building permit for this project date back to 2004, and no fees were owed. Subsequently,the same permit number and file number,with modifications, created an impact. The Acting Planning Director determined that the permit and application went back to 2004 and charged the fee applicable to 2004 rather than when the impact was actually created, after 2006. As such the calculation was made at$15,000 vs. $35,000,and the Acting Planning Director had the actual and apparent authority to make that ruling. It appears that the then Acting Director, in reviewing Section 118-168(a)of the City Code, believed that the application was vested. That subsection provides: "(a)Amendments to these land development regulations shall be enforced against all applications and/or requests for project approval upon the earlier of the favorable recommendation by the planning board or the applicable effective date of the land development regulation amendment..." The Acting Director determined that the application dated back to 2004 rather than to the date of the substantially modified application, after 2006, ALOFT Settlement Memo January 12, 2015 Page 2 which would have triggered a higher fee of $35,000/space. It appears that there are many applications that were provided the same analysis and interpretation of the Code. Additionally, rather than actually require immediate payment,the project was allowed to utilize an escrow agreement. This agreement, which is not authorized by any section of the City Code, allowed the developer to escrow the parking fee (approximately 2.7 million dollars) until such time as the building was completed or the developer was able to provide the required spaces. Nothing in the code appears to authorize utilizing an escrow agreement. This allowance is inconsistent with City Code, which requires payment. It is the City's position (Assistant City Manager, Planning Director,and City Attorney)that the agreement was not authorized under the ordinance. Furthermore,the Planning Director does not have the authority to signs agreements binding the City. Upon negotiating with the developer's counsel, it became clear that the developer's reliance on the interpretation of the former Acting Planning Director would be the developer's basis of a claim of equitable estoppel against the City, should the City attempt to impose the higher fee. Given the facts, the power and authority of the Planning Director; and the authorization of the escrow agreement by the then city attorney's office, all reflect a reliance argument.Any attempt to impose a new interpretation on the developer would lead to costly litigation that the City would litigate for years and may ultimately lose due to the reliance arguments. Therefore, it is the City Attorney's recommendation that this settlement be approved. If approved, the escrow agreement would be vacated and the City would immediately collect the outstanding balance of 2.7 million dollars. The former Planning Director's decision is not one that would be made today. We are all in agreement and believe that the decision was incorrect to revert back to the calculations in 2004. However,the Acting Planning Director had the authority to make that determination,and it was consistent with the then (prior) Planning Director's actions. Given the changes to the project, this should have been treated as a new application,thus requiring a substantially higher parking fee. Cc: Raul Aguila, City Attorney Eve Boutsis. Deputy City Attorney Thomas R. Mooney, Planning Director Carmen Sanchez, Deputy Planning Director FAcmgr\$ALLWMJWIoft SettlemenMloft Settlement Departmental Memo.doc We are committed to providing excellent public service and safety to all who live,work,and ploy in our vibrant, tropical, historic community.