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Agreement Regarding Liberty Ave Renovation between 23 Street and Collins Canal 8oi51-t2E X7 AGREEMENT REGARDING THE RENOVATION OF THE LIBERTY AVENUE IMPROVEMENTS BETWEEN 23RD STREET AND COLLINS CANAL THIS AGREEMENT REGARDING THE RENOVATION OF LIBERTY AVENUE IMPROJJEMENT BETWEEN 23RD STREET AND COLLINS CANAL ("Agreement"), dated this day of v'. , 2015, is entered into by CENTURIAN COLLINS PROPERTY OWNER, LLC, a lorida limited liability company, whose address is JMH Development, Unit C706, 184 Kent Avenue, Brooklyn,New York 11249 ("Developer"), and the CITY OF MIAMI BEACH ("City"), a Florida Municipal Corporation whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139. The City and Developer may also be referred to collectively herein as, the "Parties". RECITALS: 1. Developer owns the property located at 2360 Collins Avenue in the City (the "Property"), consisting of land more particularly described in"Exhibit A." 2. Developer has received all required design approvals from the City's Historic - Preservation Board ("HPB") to construct a new tower on the Property for Aloft Hotel ("Project"). 3. The Developer has agreed to design, develop, construct, and partially fund improvements along Liberty Avenue ("Liberty Improvements"), from the northern corner of 23rd Street to the Collins Canal, as more particularly described in the plans ("Liberty Improvements Plan") attached as "Exhibit B". 4. Condition 2 of HPB Order File Number#1840 ("HPB Order") states that City and Developer are each responsible for 50% of the cost of the Liberty Improvements, not to exceed a total of $500,000.00, as more particularly described in the HPB Order, a copy of which is attached hereto as "Exhibit C." 5. Both the Developer and City benefit if the Liberty Improvements are completed as soon as possible. 6. The Developer has contracted with Plaza Construction (the "General Contractor" or "G.C.") to construct the Liberty Improvements at a current contract price of$265,430.29, as described in"Exhibit D." 7. The Liberty Avenue Improvements include the seawall repairs as shown in Exhibit B and identified in Exhibit D. 8. Developer and City have agreed to execute this Agreement for the purpose of memorializing their agreement. MIA 183985782v8 AGREEMENTS: Accordingly, in consideration of the foregoing and of the respective agreements and covenants contained herein, and intending to be legally bound hereby, the Parties agree as follows: 1. Recitals. The above Recitals are true, correct, and form a material part of this Agreement, and are hereby incorporated by reference and made a part hereof. 2. Liberty Improvements. The City and the Developer agree that the Developer shall be solely responsible for designing, developing and constructing the Liberty Improvements on behalf of the City. Developer shall direct the construction process and be responsible for into all contracts necessary for the construction of the Liberty Improvements and shall entering y p g Y secure all required permits and approvals for the Liberty Improvements on its own behalf and, to the extent appropriate, on behalf of the City and with the City's cooperation. Any approval, consent, or joinder required from the City shall be given to Developer within seven (7) days of the request by Developer, unless, within that time, City provides Developer with a written statement setting forth in detail the City's reasons for not so providing, or otherwise conditioning Developer's request. 3. City's Contribution. The Developer is responsible for all costs and fees required to design, develop, and construct the Liberty Improvements; provided, however, the City agrees to contribute Ninety-Five Thousand Dollars ($95,000.00) ("City's Contribution") towards the costs of constructing the Liberty Improvements. The City's Contribution shall be paid to the Developer within 30 days of Developer providing evidence that Developer has paid $95,000.00 towards construction of the Liberty Improvements. Additionally, the City shall waive all costs and fees, or otherwise reimburse the Developer for all costs and fees associated with (i) closing the Liberty Avenue right of way during construction of the Liberty Improvements; and (ii) removal of on-street parking spaces during construction of the Liberty Improvements. 4. City Inspection. The City has the right (but not the obligation) to regularly inspect and monitor the design, permitting and construction process with respect to the Liberty Improvements. In the event that any aspect of said process is not proceeding in accordance with the Liberty Improvements Plans, or if the quality of the construction is materially deficient, then the City, through its Public Works Director or his designee, shall promptly notify the Developer in writing, specifying any deviations from the Liberty Improvements Plans and/or any deficiencies in the construction. The Developer shall have a reasonable period of time in which to cure the noted deficiencies or provide a satisfactory response. If the Developer does not cure the noted deficiencies or provide a response reasonably satisfactory to the City, then the City shall have the right to cure such deficiencies at the Developer's cost. Additionally, if within one (1) year after the closure of the building permit for the Liberty Improvements any of the work is found to be defective or not in accordance with the Liberty Improvements Plans, Developer, after written notice from the City, shall promptly correct, or cause to be corrected such defective or non-conforming work, without cost to the.City. 5. Warranties. Developer makes no representations or warranties with respect to the Liberty Improvements. Upon closing the building permit for the Liberty Improvements, the 2 MIA 183985782v8 '� �1 Developer shall assign to the City any warranties provided by contractors and subcontractors engaged by the Developer in the construction of the Liberty Improvements (including, without limitation, the G.C., as defined in the Recitals). All warranties, if any, for the Liberty Improvements shall be guaranteed and in effect for a period of one (1) year from date the Liberty Improvements are completed as evidenced by the closure of the building permit for the Liberty Improvements. In the event that the entity providing warranty is sold or dissolved, the Developer shall provide to the City a Maintenance Bond to provide warranty and guarantee for any portion of the one year period remaining. The provisions of this Section 5 are intended to survive termination and/or expiration of this Agreement. 6. Additional Terms. a. Cleaning Up and Removal of Equipment. Developer shall keep the Liberty Improvements construction site free from accumulation of waste materials or rubbish caused by Developer's operations. Upon the completion of the Liberty Improvements, Developer shall remove all its waste materials and rubbish from and about the site as well as its tools, construction equipment, machinery and surplus materials. If Developer fails to clean up upon the completion of the Liberty Improvements, City may do so, and the cost thereof shall be charged to Developer, but not without first notifying the Developer in writing and allowing seven days to cure. b. Safety and Protection. Developer, if required by the applicable building codes, or at Developer's election, shall erect and maintain all necessary barricades, and any other temporary walls, boarding, or fencing, throughout construction of the Liberty Improvements. Developer shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with its use of the Liberty Avenue right of way, and any other adjacent public property and/or right of ways used in conjunction with construction of the Liberty Improvements. Developer shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: i. All contractors and subcontractors for the Liberty Improvements, and their respective employees, agents, and servants, and/or other persons who may be affected thereby; ii. All the work and all materials or equipment to be incorporated for the whether in storage on or off the site; and Liberty Improvements, g iii. Developer shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. Developer shall notify owners of adjacent properties and utilities when prosecution of the work may affect them. Developer's duties and responsibilities for the safety and protection of the Liberty 3 ,,p MIA 183985782v8 ,, 1 Improvements shall continue until such time as all the Liberty Improvements is completed. iv. Developer shall designate a responsible member of its organization at the site who shall be Developer's project representative, unless otherwise designated in writing by Developer to City. c. City Work. City acknowledges Developer's intention to complete the Liberty Improvements as soon as possible. Any City utility work or other work required or deemed necessary by the City shall be coordinated and completed in accordance with the Developer's construction schedule, in Developer's reasonable discretion, to avoid any impact or delay in constructing the Liberty Improvements. 7. Indemnification of City. Developer shall indemnify and save harmless City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any construction activities of Developer, its G.C., or any subcontractors, consultants, agents, servants, or employees connected with the Liberty Improvements; or by or in consequence of any gross negligence of Developer, its G.C., or any subcontractors, consultants, agents, servants, or employees, in connection with any construction activities of the Liberty Improvements; or by use of any improper materials; or by or on account of any act, error or omission of Developer, its G.C., or any subcontractor, consultants, agents, servants or employees, except to the extent caused by the gross negligence of the City in connection with the construction of the Liberty Improvements. Developer agrees to indemnify and save harmless City against any claims or liability arising from or based upon the violation of any federal, State, County or City laws, bylaws, ordinances or regulations by Developer, its G.C., or any subcontractors, agents, servants or employees (excluding gross negligence of City). Developer further agrees to indemnify, save harmless and defend City, its agents, servants and employees, from and against any claim, demand or cause of action of whatever kind or nature arising out of any gross negligent conduct or misconduct of Developer not included above and for which City, its agents, servants or employees, are alleged to be liable. The indemnification provided in this Section 7 shall obligate Developer to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against City which may result from Developer's operations and activities under this Agreement from any construction activities of Developer, its G.C., or any subcontractors, consultants, agents, servants, or employees. The execution of this Agreement by Developer shall obligate Developer to comply with the foregoing indemnification provision. This indemnification shall survive termination of this Agreement but shall terminate four years from closure of the building permit for the Liberty Improvements. 8. Insurance. Developer shall provide, or cause to be provided, pay for, and maintain in force at all times during construction of the Liberty Improvements, the following insurance coverage: Workers' Compensation Insurance, Employer's Liability Insurance, 4 MIA 183985782v8 Comprehensive General Liability Insurance, and Professional Liability Insurance, as will assure to City the protection contained in this Agreement. Such policy or policies shall be issued by companies approved to do business in the State of Florida, and having agents upon whom service of process may be made in the State of Florida. Developer shall specifically protect City by naming City as an additional insured under all policies hereinafter described: i) Professional Liability Insurance with limits of liability provided by such policy not less than One Million Dollars ($1,000,000.00) ii) Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employer's Liability with a limit of$100,000.00 each accident. iii) Comprehensive General Liability with minimum limits of Two Million Dollars ($1,000,000.00 primary and excess of$1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office. The policies must be endorsed to provide the City of Miami Beach, Florida, with thirty (30) calendar days written notice of cancellation, expiration and/or restriction, to the attention of the City's Risk Manager, 1700 Convention Center Drive, Miami Beach, Florida 33139. Developer shall provide to City a Certificate of Insurance or a copy of all insurance policies required herein. The City's Risk Manager reserves the right to require certified copies if requested. 9. Waivers. Any waiver by any party hereto of any breach of or failure to comply with any provision of this Agreement by any other party hereto shall be in writing and shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with such provision or any other provision of this Agreement. 10. Headings. The headings in this Agreement are solely for convenience of • reference and shall not be given any effect in the construction or interpretation of this Agreement. Unless otherwise stated, references to Sections are references to Sections of this Agreement. 11. Third Parties. Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person or entity, other than Developer and City, any rights or remedies under, or by reason of this Agreement. 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute a single instrument. 5 MIA 183985782v8 41, 13. Modification. This Agreement may only be modified by a writing signed by all of the parties hereto, and no waiver hereunder shall be effective unless in writing signed by the party to be charged. 14. Attorneys' Fees. Should any party to this Agreement bring an action against any other party to enforce any provision of the Agreement, the prevailing party in said action shall be entitled to recover its reasonable attorneys' fees, including fees associated with outside counsel for the City, court costs in all trial and appellate proceedings but Parties shall not be entitled to seeking prejudgment interest. 15. Effective Date. This Agreement shall become effective upon the mutual execution hereof. 16. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, DEVELOPER AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 17. Severability. If any provisions of this Agreement are held to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired and each remaining provision shall remain in full force and effect. In the event that any term or provision of this Agreement is determined by appropriate judicial authorities to be illegal void or otherwise invalid, said provision shall be given its nearest legal meaning or be construed as deleted as such authority determines and the remainder of this Agreement shall be construed to be in full force and effect. 18. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Developer and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO DEVELOPER: Centurian Collins Property Owner LLC Attn: Mr. Mitchell Hochberg Chief Financial Officer Centurian Collins Property Owner LLC. JMH Develop Unit C706 184 Kent Avenue Brooklyn,New York 11249 (212) 687-3444 6 MIA 183985782v8 1 With Copy To: Greenberg Traurig, P.A. Attention: Alfredo J. Gonzalez, Esq. 333 S.E.2nd Avenue Miami, Florida 33131 TO CITY: City of Miami Beach Attn: Eric Carpenter Public Works Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 6399 With Copy to: City Attorney City of Miami Beach Office of the City Attorney Attn: Eve Boutsis. Esq. 1700 Convention Center Drive 4th Floor Miami Beach, FL 33139 (305) 673-7000 Ext. 6471 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. [Signatures on next page] ] L , 7 MIA 183985782v8 , [Continued from previous page] IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of this day and year first written above. Attest: CITY OF MIAMI ACH I- 23 1.� t r afael Granado, City I r lerk Jimm�Mor'City Manager A�A. IL"Ito Attest: •: i CENTURIAN C 9 LLINS PROPERTY I.INCORP OWNS LLC Fl•, da limited liability CRATED:' a com►• .44-re, .........A 2)4, ��h` . Mitchell ochberg, M.! aging M- ber [Both party signatures notarized on next pag APPROVED AS TO FORM &LANGUAGE &FOR ECUT$ON C Attorney e 8 417 MIA 183985782v8 [Continued from previous page] STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this I day of 1 , 2015 by3�✓1111 14c\rcd .City Manager, on behalf of the CITY OF MIAMI BEA H, known to me to be tW p ersons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this \1ay of (, I , 2015 O''I\CaAiVIAt) - ' -9,-t---2e.--t, Notary Public, State of Florida at Large Commission No.: My Commission Expires: • � ' NAIMA DE PINEDO Nevo\lke • #1 + MY COMMISSION#FF 126641 STATE OF FAA ) ,.-:...,-.4, EXPIRES:September 26,2018 ; 41- Bonded Thru Notary Public Underwriters r *C\C ) SS: COUNTY OF Nithedstil=QADE ) The foregoing instrument was acknowledged before me this l to day of 4-\9<'.k , 2015 by Mitchell Hochberg, Managing Member of CENTURIAN COLLINS PROPERTY OWNERS, LLC, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this _l b ; day of �� ‘ 1 , 2015. JUt.IAAN N GRANACKI .,_r_. Notary Public,State of New York Notary ' . a�'ic, State of Florida at Large Qualified In New York County •a No.: No.01GR62399&1 COmm1SS1 NO.. -� My Commission Expires April 25,2015 My Commission Expires: <■1 a� I ��� 9 I MIA 183985782v8 y 'I 1 Exhibit"A" Legal Description • Collins That portion of Block Three (3) lying South and adjacent to Lake Pancoast and Co Conol, between Liberty and Collins Avenues. Miami Beach, Florida, more particularly described as follows: Form o concrete monument situated at the northwest corner of Block 2 as sold Block 2 is shown on o plot entitled "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY". recorded in Plot Book 5 at Poge 7 of the Public Records of Miami—Dade County. Florida, run Northerly along the East fine of Palm Avenue (now Liberty Avenue) as sold avenue is shown on sold plot o distance of 370 feet to the Point of Beginning of soid tract of land herein described: From sold point of beginning continue Northerly along the East line of said Palm Avenue (now Liberty Avenue) a distance of 123.28 feet to a point. With point being the point of curvature of a circular curve. thence continue along the arc of said circular curve deflecting to the left and having for its elements a central angle of 01'58'23" and o radius of 494 feet a distance of 17.01 feet to the point, said point being the intersection of the East line of Palm Avenue (now Liberty Avenue) and the north Face of the Southerly bulkhead of Collins Canal. thence meander along the face of a concrete bulkhead in a Northeasterly direction along Collins Canal and in a Southeasterly direction along the lake (now Lake Poncoost) os sold bulkhead is shown upon a Sketch entitled "Sketch to accompany metes and bounds description of o portion of Block 3") of the Amended Mop of the Ocean Front Property of THE MIAMI BEACH IMPROVEMENT COMPANY. doted 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) os shown in said sketch, with a line porollel to and 217 feet distant South of the South line of Hotel Place (now 24th Street) as sold Hotel Place (now 24th Street) is shown on the above mentioned record Plat, thence run in an Easterly direction along o 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 a point, said point being the intersection of the lost mentioned course with the West line of Collins Avenue as Collins Avenue is shown on said record plat; thence run in a Southerly direction deflecting to the right 90 along the Westerly line of Collins Avenue, os Collins Avenue is shown on said record plat a distance of 88 feet to a point, thence run in a Westerly direction olong o line deflecting 90 to the right from the West line of Collins Avenue. said line also being porollel to and 310 feet distonce 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 said Block 2 is shown on a plot entitled AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH 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 plot a distance of 493.28 feet to a point, said point being the Point of Curvature (P.C.) of a circular curve; thence continue along the arc of o circular curve deflecting to the left and having for its elements o central angle of 01'58'23" 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 (no* Liberty venue) and the Northerly face of the concrete bulkhead situated on the Southerly shore of Collins Canal: thence meander the Northerly face of soid concrete bulkhead in o Northeasterly direction olong Collins Conal and in a Southeasterly direction along Lake Poncoost as said concrete•bulkhead is shown on a sketch entitled "Sketch to Accompany Metes and Bounds Description of Lagoon of South End of Lake Poncoost, Miami Beach, Florida" prepared by Zurwelle—Whitoker, Inc. Engineers, doted November 4, 1940 and revised January 2, and Jonuory 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 said 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 Poncoost, a distonce of 80.0 feet to a point: thence run in a Southwesterly direction along o line passing through the last mentioned point and o 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 said bulkhead, o distance of 215 feet. plus or minus; thence meander in a Westerly and Northwesterly direction along the concrete bulkhead of sold Lagoon o distance of 254.1 feet, plus or minus, to the Point of Beginning of the area herein described. 10 MIA 183985782v8 • Exhibit B Plans 11 MIA 183985782v8 41? tL..W a'°Ee o w - C � H °7.17, --0Z b R ;a Ef o o 3 I`�Q ! ¢ g x ici X Z a ■� w 5 y W . . 0 66� �U) ww v k' �ti ` C»J CATCH BASIN cg�zh- h hx C=O il - ,y• �0 t.r 3 11 1, �O.j e 22 ¢ iW W+s,_WWy m Pv dK D am�� Y C' 6 W I h6 I DIRT AZ, �/l U I h' "�IIfII,'� m 6ti v(�i I �w U• iIii I Qi/. ], S2 . .8- 1 G %h z 3 00 mil (i ■ 111 Va m m iV ( I E-• I 47x -`Vbp a y. 4040 9 �(I II..�� 6 i 7m I 69 �1 I % C] 8E! 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City of Miaami eaaoh,Florida O1'xt1TIPIAAYIaN . Yf4818TONA TIYYMAY1HSAT1AC1IGf1OOGQ t' • , 19 At1111 AHD ACCIAMI CCPY01114_01Qi 4011 ., .if��lN1H8GF�G'! pf @t"RDHATTAHYfd�f1J.(]/V{/ •MLE1IN DATE Mtaroh a,2004 : .. .•n,; ,;,rfr.,,r • • Myeftett , ::• . Ytt19dauMS11tiontJe 4, ,aka . PROPERTY; 2160 Collins Avenue—:theereejsjialei • . LEGAL: • Block 3 of the amended plat of the ocean front property of the Miami Meech • Improvement Company'a aubdivision, according o the Piet Thereof, as ' , Recorded in Plat ock t, Page 7, of the Public Itucorde of Miarni.Dada County,Florida, . •d • Y • IN ICE: The Appiloaiton for a Certificate of Appropriateness for the •artial demolition, � °, 1 . , partiaalteconatfuction,alteration,renovation a hd rehabilitation of an existing • 1 II. motel complex, ad well as the construction of an eight(la)story residential : a strUoture. . . 1 ,. X11. j . Thh applicant,Ken Fields,filed an epplleatlrah with the CIty of Miami Beach Planning Department for . i • • a Certificate of Appropriateness. . _-•• • The Oily of IVtIen l 9eeoh 1"llaatoria?enarvatlan Beard makes the following PiNDINSie OF FACT, • based uperi the eVidenoa,information,testimony end materials pra tinted oat the public hearing end . • which are part of the Isoord,for this metier: ' i A, The subject structure IS lociated within the•Qdiiins Waterfront Loral Historic Dietriot and is • designated conntributing In the'Miami Beach Historic properties i aatubeae, • 41, Melted on the lane and documents oubmitted with.the application, testimony and • Information onsvMed by the slp tlourtt,and the reasons set forth In the Planning l�el artmonl • Staff Report,the prejoot al,mILtad 1a eaneletent with the Oetllfiraate of Appropriateness I ritert in Elution 11' 4 4(e)(i)&lithe Miami B>a h pod,la net certsistentwith C,iettiiiaats of App r'dplr1fltlalxeu Criteria a,b.,o,and d In$iaeU k11A . 4(ex2)pfthe MIem eeoh Made, I t • 1s trot or rsleter t with Cottifi ate cif Apprdpriatu?eOs Crlt rie.,b,d;J,avid m In ascot rl 11am ti3tt4(03)of the Miami Witt*Code,and le not consistent with Certificate of Appropriateness. Criterfu•fer Demolition n 6,8 and 0 In Section 1111 66d(f)(4)i • C. The projeotwould be consistent with the criteria and requlrerrlente bf aast3tiwn 110'64 i the following conditions are met: • • • , 1 . I . w''. ' i 4 1 1 f . i • • i • . , • r , Pa e 2 of to • . 1 , I It Pits No,1440 I • : , Meeting•Ilgta:March 9,2004 r . . . . ' . 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 denaplee stall be eliminated at pooh level. , b, Additional*gob of the louver system shall be provided,Including a aeolion detailing the method of attachment to the building,color,arid method of i a anion,subject to the review and approval of staff,The louver locations • shit else be shown en the floor plane. o, The east alevgttin lathe exiting,norlharnmeatbuiidlrig shall be restored Wits I . original configur'atien,In a Manner to be reviewed and approved by staff, Efieh elevation shall oenteln a oorrosponding elevation section mark on the . .. alto plan whlah accurately donates the angle at which the elevation was [ drawn, r • e, Enclosed living areas pieced above the existing lobby roof shall be subject to • the review and approval of staff. .. f, building •as ttions shall be provided through the main a xis'•b f t ha tower • structure and existing buildings, ' . 1 • The renovation arid reaforat1on of the existin etrueturee shall obtain a g building pa rmltvenourrantwith•the'neweonetruotian,ATemporaryQ.e�rlifiaste • . " of Ooeupenay.(TOO)shell not belosued for the newly constructed residential • 1 !! • Fortiori of the proloot prior to the completion of the tendvated and • recenetrunted retail portions. , 2. A'revised landscape plan, prepared by a Protteaelcnal t andeoepe Architect, registered in the&tate of Florida,and corresponding alto plan,shell be submitted to and approved by staff.The epaoiee ly ca,avahtliYi dln'renalens•,spacing,location end ,. overall.het ht of all plant material shall be clearly delineated and subject to the review and approval or staff. At a minimum, ouch area shell Incorporate the following: • . • a. Ail eacbr•iot welitweya and driveways shall sionalst•of ds aretivs pavers,eat In • Band or other equally aenrt.pervloas materiel, subject to the review and - i 4 . approval of staff, .1 I " All larirdl cpa arose m�iutung driveweye end parking areas shall be b. . 1 defined by decorative ballade.• . • i • . . i 1 n •�......_4_.....� ......,......�._... ,.._.�__ _......�_.,__. _ ,...._,_.,.......__.......,...,..... ..n...,...,......_.._...�........ ...M.._. . . 1 ' 1 . . • , , . Na eoor6 , HIND I III No.1:34b , Meeting Cate:Meroh 9,2004 • o. • A fully outposts°irrigotlen oyetprr>I with 100%coverage end an eutomatlo rain . •eons.ar In order to render the eyetem Inoperative In the event of mini Right- af-wey areas shell also be inoerporrted ee part of the irrigatIon system, d.• The landscape plan abed ealleef all requirements as epeoifled In Chapter ee . • . of the Miamleds County Code. A Iandsaape table shall be provided on final Iandseepo plans addressing all minimum quantity end native • requirements,eubject to iJhe review and approves of staff. • a. ' Bacicfow pravanlare and utility boxes ahali not be permitted within any' , requirdd yard,T I C f e n elf baokflow preventor, atamese pipes pr PPL, bootee,If eny,and how they are screened with ianriscrepe material from the . , righffwa , shall be Indicated on the plane and shall be subject t©'the V • review and approval of eteft f, The site iandaoaping along LlbertyAvanue shall be oerefully ooardlnetatt with • ' the Oosenfront Nelghborho d.atreetsoape Improvement Project, Refer to • . the Civet Miami ileaoh Capital Improvements Office for further Information, . g, The paving pattern and pgvin material on t..lbertyAvenuu shall be subject to the review end approval of staff and shall be Integrated into the doaly►of any = , Ian ping teeter , f • 3. •All building a gnags shall be consistent in type,composed of flush mounted,nom : M piestin,In M uol lettere end shall require a separate permit, { i 4. `the flrael.extariorsurfae.color et�han�e,I'noluding vnlorsamptes,shall be subject to , : the review arid approval of staff end shell requrre a separate permit 8. A tra#fie mitigation pten, which addressee all roadway Level of tiervIme (LDS) . I deflolenoios relative to the csonourronmy requirements of the City Code,if required, shall be submitted prior to the lasuanos of a eiillding Permit and the final building . , plans shell meet all other requirements of the Land Develbpment Reguiatlon6 of the . City Code, . ••• ' B, Manufaatur`dta drawings end Dade County product approval numbers for all new ,� • windows,n doors and glass shall es required, /to the issuance of a building • i i . . . . 'f, . All rotit cp fixtures,aInit onditionlrig units and mechanical davinee shall be dearly. ,, noted on a revised reef plan and shell be swooned tom view,In a manner to be . • I • . approved by staff, • t 8. l�tnvlasd drawings,with corresponding color photographs that are separate from the ' ! •danstruction deaumeents, drawn td scale and clearly doowmsnting the e>tisling } • • • �j I _.. ..................... ....._._...........,..t....r0............�. ••••0•0•00.w.0.00.0...................0Z • • Page 4of6 HP3 Flo No.1640 ' . ' � Meeting botor'Meroh®,2004 4 $. . % conditions of.-the Subject building, shall be submitted. avail drawings end photographs Shall inoltada ail four atevatlons and Interior floor plans of the building, • �' as well as a site plan. .. • 9. An hlatortoenalyyeIs of theexisting etructur+e,Inclusive eta photographloand•writteri . . ' . description Of'the history and evolution of the original building on elte, shall be submitted to and opp.reved by staff,gilm to the Issuance of a!Building Permit;such . • htatorlo analysis shall be displayed prominently within the pubilq area of the structure, • in a looatiorr to be determined by etafff. ,. • .' 10. AIl•new and altered elements,spasms and areas shall meet the requirements of the . Florida Acceasibility Cade(PAO), 11. The project shall comply with any iendsaapEng or other sidewalWetroat improvement i .. standards as May be pre srlibad by a relevant Urban Lesigri Master Plan approved • prior tt9 the gdYrlp cited of the projaat Ind the lasdance eta farttflostte of•Oocupanoy, 12, The eppikartt may be roqulnad ka submit a 1,..,pers'te analysis for water and sewer • requirements,at the discretion of the Public)Wofke Director,or designee. Band an . •a•pralirnImary review of the proposed project,the following may be required by the Public Worts Department: . i , ' a. RoMovaireplans sidewalks, curbs and gutters on all street ironteges,If , appiloabte. . .' b. Mill/resurface asphalt in roar allay along property,If appiivable. i o. . Provide underground utility service'connections and an.site transformer •: Iboatlen,If nesery. . , d. Provide baolc flow prevention dovitree on all water services, a,• Provide on'.alts, sdlk entainad Storm water drainage for the prapoosd .. • development. • y . .i t f. Meat wtaterlesWer o onr rrenay requirements Inoiuding a hydraulic water • . model analysis end grovltymowarsyatam•aapsclty�w nalye(s as determined by t the.Department and the required 'upgrades to water and sower mains serVloIng.this project. • g, Payment of City utility impeot fees for water rt tere/eervleos. ' . V h. ' Provide,flood barrier rsmpa to underground parking or minimum slob . • elovgilon to be at highest id,taaant crown Mod etlevatiort ptu;3 8". . / . ......d.............,......•�.•+.u•-...a....,...•w... ...w.v.r w..,.,.wwwv+e..w.n.....wr»ar .. .•...«,.••,....r....O ..,.. ............. ....r••.,..................•.......,.,w•.u.•.■••,••...w....-••∎•..-•r,•••∎•••*•.. 1 I rte. ' • • , , U I • •• • Pogo5of6 , i •� IIPS file No 1846 Meeting pate:March 8,2004 . . •i • •I, RIphtr•af*wey,permit must be obtained from Public Warke► J, . All right-of..woy enlireaohments must be removed. • • A k, All plerst(nd!lwgndsnW iCtg In tht�public righX of M way must be eppr+avad by the � Pubtlo Works and Parks.0aptrimanta. . 13. A drawn plan and written procedure for the proposed demolition shall be prepared , " • and submitted by a Profetteohal $truatural tin lne®r, replete red in the ?tete of • . Florida, which fully ensures the protection of the public safety, as well as the protection of the emisUn f{structure on the aubjeot site and ell existing structures ecijgoont to the eubjeat site during the course o demolition.. . 14, The OertlflOate of Ateereprigteness Ter Ile1moti1lon shall only remain in effect for the • • • period of time that there to en entivafi3ortifleeite df Apprpprietenel for the associated new aonetrur ►n on the subject property, 15. The l:lnel Order shall be teborded to the Pubgv records of Mlaml de eourity, i to the legumes of a Building Pont, . 16. The Final Order to not s averebio end if eny provision or condition hereof le held void or unaonstituttonei in a final daoislan by a court of oomp�nt jurtediotion,the order shall be retctmed•to the Beard fer rmconeideretlon es to whether the order meets the ' ltftpenai r cremator), ills appropriate 1 " to heremainig endtl ne of!rodeo bonttiens lT I MFtLBI>'OC7Ni~f�,based UpcN1 the foregoing findings of fad,#ho evidence,information, I testimony end Materiels presented et the public hearirsg,whioh are pert of the record for this mutter, . i and the Miff report and anelyele,which ens adopted herein,including the eteff recommendations which ware amended by the Beard,Met the Certiftoete of Appropriateness Is GRANTED fat the , • ebove.referonaed project subject to those oottdn aondlkione epeeified In paragraph 0 of the . • PIndinge of Feat.(OondlUon Noe.1-18,Inclusive)hereof,to which the appllaanthee agroed► No bulldino permit may be issoud unless arid until all conditions of approval as sot forth herein have ,, • bean reset, 'The,teeveoe bf e pertiflaete of Appropprlatensse does net relieve tMO,epi iieant from • obtaining all ether requtr+ed Municipal,County andlor Stets reviews end permits,lrtotuding zoning i approval. If adequate hendl - it 400 to not provided,Ibis�vel dry met mean that suers • •handicapped elevate Is.hat Neu rod Orthat the Klo and supports en ep iieaht'a effort to seek waivers • ' relating to hnndtwspped sceressiblitty requirements. , �, �D tit! .., Et (,.'•n x.. ,ilk ;1t .. 1r , 2,k9 !! Lai' •v 6 • t ,!�.mil ar A I v,/: .�aH / Sp�!?1111,,11 )!v! I 8.dM.t,.hiR► II My,- 4.nt11 kv ts. ,1'1�,i'SgAM 1. if all c he a 0eve oe e. eondl ens are s a e s.II y eddress:ed,•the p no wl i,. rev owed for • building permit approval, Two )Sete vt411 be returned to yor.t for submission for a building permit •• • I w xl • . �•.�•w�w.•�w.rw...ww��..w. •_ • vww..� /p..... Mr_r .M • rYNT�r1 .M•Y+. .•••••••■••w.rn • , I / 1 • 1 • • , Page 0of0 HPB File No,14140. Meeting Date;March 9,2004 and one(1)sot will be retained for the Historic Preservation Board's file. • N • If the Full Building Port is not issued within eighteen(1 9)months of the meeting date et which this . Certificate of.Appraprkataness wee granted and construction does not commence and aontinus in accordance with the requirements of the applicable Building Code, the Certificate of Appropriateness will expire and become null and void,unitise the applicant,prior to expiration of ouch period, makes application to the board for am extension of time;the granting of any sudh extension of time shall be at the diseretlmrr of theErrard,At the hearing on any such appllostlon,the. Board may deny or approve the request end modify the above conditions or Impose additional conditions, Failure to comply with this Ardor shall subject the Certificate of Appropriateness to section 1190004,Oily Code,for revocation or modlflostion of the Certificate of Appropriateness, • Dated this......,2,1:_' ...,2, , , day of ,a$� . 1 , HiSTORiC PRESERVATION BOARCJ • ' THE CITY OF MIAMI IijEAOH,FLORIDA . , . BYsl I...i.. 151,14• 1 / . ....................—. . • • • Deem N AND PRESERVATION MANAGER • • FOR THE CHAIR . • , . I 1 ; . ..STATE OF FLORIDA ) ' 1 )da • COUNTYCF MIAMI'DADE ) I ; , The foregoing instrument' vveA acknowledged before me this �., day of 20 by Thonnse R.Mooney;design and Preservation Manager, Planning dp er ant,uny p 1111is each,Florida,a Florida Munie z al o,poreti'on,on behalf of the Oorporatlon.He is r�s'toJA MO. , ;,,, t.�A,•M tam ivin TAL P l • s ;e9T 117 't` -kr-r • �-I Reeeismettoloassom Miami-Dade Courtly,Florida •mew*bury-Ir.Rupp M ccmmtasian aacplreo • { Approved As To Foi<rn; .-; / ( +� ) ( I 1 • • Legal t�epartment; • ., >.. _1"'..... 4 , Filed with the Clerk of the istoria Pl•esenr+atinn board on ( 41 Pr1PL AN1$HPCO1a4HPOIMfl1HPBO44164ada,d00 • 1 • • r • iuiiiiiiuiuiiiiiiiiitiiiuoiiiiiiiiiiiii • CFN 2012R0803891 OR Bk 28349 Pss 2005 - 2014; (14pss) RECORDED 11/0712012 15.51.21 HARVEY RUVIN? CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA HISTORIC PRESERVATION BOARD City of Miami Beach,Florida • MEETING DATE: September 11, 2012 CERTIFICATION THIS IS TO CEFMFY THAT THE ATTACHED DOCUMENT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL ON FILE IN IL O>'FI F TH PLANNING DEPARTMENT. TY ') ; I BEACH ®1 FILE NO: 1840 ��i,� • ( ��r2 l e^a Manta' ) s N P e onai M A I M d ID: Nolery e • Printed Naas: t at PROPERTY: 2360 Collins Avenue MyConfluionBOIrm:OW/a..�t •/ INS dommot corminapages. r® • i 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 multifamilyfio-hotet: -_. ....__._.�...._...__._._. ORDER The applicant, Centurian Collins Avenue, LLC, 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 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 Book28349/Page2005 CFN#20120803891 Page 1 of 10 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 I Staff Report, the project as submitted is not consistent with the Certificate of Appropriateness Criteria 'a' in Section 118-564(a)(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(0(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 signage, '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. • i. 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 in size not to exceed sixty(60)square feet, subject to review and approval by the Zoning Board of Adjustment, and sited in a manner to be reviewed and approved • by staff. lOt Book28349/Page2006 CFN#20120803891 Page 2 of 10 • • • Page 3of10 I 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 anal 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-ter-be-reviewed-and approved-by staff:---__._._____._._.__�...._�..___�__.____..�.__....-— b. The Liberty Avenue Street end, from 23n' 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 costs to the applicant exceed $250,000, the applicant shall return to the Board for a modification of this condition. Such streetscape 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 by staff. Book28349/Page2007 CFI #20120803891 Page 3 of 10 . Page 4 of 10 HPB 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 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. 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-Planrring--Bepartnlent-for—Building..__.__... . Permit. 3. All building signage shall be consistent in type, composed of flush mounted, non-plastic, individual letters and shall require a separate permit. Any illuminated letters shall be composed of reverse channel letters 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 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. 6. An historic analysis of the existing site, inclusive of a photographic and written description of the history and evolution of the original and existing building on site, shall . be submitted to and approved by staff and installed,prior to the issuance of a Certificate of Occupancy (C.O.) or Temporary Certificate of Occupancy (T.C.O.); such historic ig Book28349/Page2008 CFN#20120803891 Page 4 of 10 • Page 5 of 10 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. All 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 alon g property,rty, 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. • h. Payment of City utility impact fees for water meters/services. i. Provide flood barrier ramps to underground parking or minimum slab elevation to be at highest adjacent crown road elevation plus 8". I , ,III. Book28349/Page2009 CFN#20120803891 Page 5 of 10 • 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. 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 construction 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. RESTAURANT CONDITIONS i. No accessory restaurant outdoor operations shall operate between 2AM and 6AM. b. ROOFTOP CONDITIONS i. The applicant shall ensure through appropriate contracts, assignments _ ----.-------..._______________..-_.andtmanagement.-..rules._tbat these.restrictions are.�nforced._ Owner__ . ..._ .. agrees to include the rules and regulations set forth in these conditions in any contract or assignment. ii. 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 11PM, seven (7) days a week. The hotel rules and practices shall require that the rooftop spa be closed from 11PM to 8AM. iii. 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. iv. All roof-top fixtures, air-conditioning units and mechanical devices shall be screened from view. In addition, Owner agrees to install an exhaust system for the kitchen that will substantially reduce all grease and smoke that would otherwise escape to the surrounding area. Finally, Owner Book28349/Page2010 CFA!#20120803891 Page 6 of 10 • Page 7 of 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. NOISE 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. iii. No outdoor bar counters shall be permitted on the premises except one ( rocated orrthu roofto faculty;-a-rid- ellradjacer to- gro ltov----.__. ,... 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 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 Book28349/Page2011 CFN#20120803891 Page 7 of 10 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. OPERATIONAL CONDITIONS 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. • ii. 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. Garbage dumpster covers shall be closed at all times except when in active use and arba g a pickups and service deliveries shall not take g place between 7PM and 8AM. • iv. Permanent outdoor cooking anywhere on the premises is prohibited. ___..._..—_---kitcherr arrd-othercooking-odors-witrbe--contained--withirrthrerpremtses:._--__ 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 inspections, prior to the issuance of a CO or CC.This shall not prohibit the issuance of a Partial or Temporary CO,or a Partial or Temporary CC. Book28349/Page2012 CFN##20120803891 Page 8 of 10 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,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 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, 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 ----- ..._..—shalt-be-consistent-wittrthe-plans-approved--fiy--the- ified-in accorncewith the- .._._.. conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen(18)months of the meeting date at which the original Certificate of Appropriateness was granted, the Certificate of Appropriateness will expire and become null and void. If the Full Building Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing, with required Inspections, in accordance with the applicable Building Code), the Certificate of Appropriateness will expire and become null and void. Book28349/Page2013 CFN#20120803891 Page 9 of 10 • OR Bpi. 28349 PG 2014 • I_ AST 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 0 day of ,20 HISTORIC PRESERVATION BOARD THE CITY OF MIAMI LH FLORIDA 1 All 1 BY: THOMAS R. MOONEY,AICP DESIGN AND PRESERVATION MANAGER FOR THE CHAIR STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) —was---acknowledged � 2 OL- 201.2by 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. C,l� r P TERESA MARIA �'�' MY COMMISSION 00D928148 NOTARY PUBLIC '� *E?ii�:December 2,2013 9�OFP `° '�hni Budget"0 '�5 Miami-Dade County, Florida / My commission expires: / Approved As To Form: Legal Department: ( IV ) Filed with the Clerk of the Historic Preservation Board on ( ) F:I PLANT$HPB112HPB\Sep1211840-SEP2012.FO.docx 01 Book28349/Page2014 CFN#20120803891 Page 10 of 10 Exhibit D Budget Liberty Ave. CIP Budget 18-Mar Summary Soft Cost $ 33,400.00 Site work $ 143,900.00 Irrigation $ 5,000.00 Landscape $ 6,800.00 Gen. req, /safety 1 police detail/MOT $ 17,638.00 Legal fees and permitting 0 Seawall repairs 33,670 Subtotal $ 240,208.41 GC 4% and Ins. at 1.5% $ 13,211.46 Contingency $ 12,010.42 TOTAL $ 265,430.29 (DESCRIPTION Quantity Unit Total Soft Cost Architect 1 LS $ 4,900.00 Civil Engineering 1 LS $ 7,500.00 Surveyor 1 LS $ 2,500.00 Landscape Architect 1 LS $ 18,500.00 Permitting/Legal 1 LS $ - Consultant for utility 1 LS $ - Project Management 2 $ 4,000.00 MEP consultants/seawall 1 $ 2,500.00 Sub Total $ 33,400.00 Site work Street demo Resurfacing 9800 SF $ 90,000.00 Sidewalk&Curb Sandblasiting(16x290) 8640 SF $ - Parking Metro Removal 8 EA $ - Conc.Sidewalks&Curbs Staining 8640 SF $ - Crosswalk(30 x 8 x 2) 480 SF $ - ADA Ramps(14 x 12 SF) 2 EA $ 1,500.00 Striping 480 LF $ 2,400.00 Sidewalk in ROW thru to and along seawall 219 LF $ 20,000.00 ROW Pavers at cul de sac/mandated by PW $ 30,000.00 Sub Total $143,900.00 Site Utilities irrigation at Cul-de-sac/ROW port $ 5,000.00 Street Lights $ - Sub Total $ 5,000.00 Landscape Street Canopy Trees 6 EA $ - Palms 8 EA $ 6,400.00 Planters aggregate/per permitting $ - Ground Cover 400 SF $ 400.00 Baskets 20 EA $ - Planting Soil 15 CY $ - Mulch 5 CY $ - Sub Total 6800 13 MIA 183985782v8 eb4