2015-29210 Reso RESOLUTION NO. 2015-29210
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING AN AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CENTURIAN COLLINS PROPERTY
OWNER, LLC (DEVELOPER), ATTACHED HERETO AS EXHIBIT 1, IN
WHICH THE DEVELOPER DESIGNED, DEVELOPED, CONSTRUCTED
AND PARTIALLY FUNDED IMPROVEMENTS ALONG LIBERTY AVENUE
FROM THE NORTHERN CORNER OF 23 STREET TO COLLINS CANAL,
WHICH IMPROVEMENTS ARE VALUED AT $265,430.29 AND
AUTHORIZING THE CITY TO REIMBURSE DEVELOPER $95,000, AS THE
CITY'S FULL AND FINAL CONTRIBUTION TOWARD THE COST OF
CONSTRUCTING THE LIBERTY AVENUE IMPROVEMENTS.
WHEREAS, Centurian Collins Property Owner, LLC (the Developer) is the owner of the
Aloft Hotel, located at 2360 Collins Avenue (hereinafter"Hotel"); and
WHEREAS, on September 11, 2012, the Developer obtained Historic Preservation
Board (HPB) approval, under File No.: 1840, to construct the Hotel, and
WHEREAS, one of the conditions to the HPB approval required that the Liberty Avenue
Street end, from 23 Street to the Collins Canal, be designed, permitted and built by the
Developer, with 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; and
WHEREAS, the 23rd Street improvements are valued at over$265,430.29; and
WHEREAS, the Developer r vi a th e C it y a further concession by capping the City's
cost at $95,000, where the City's costs could have been fifty percent, and over$130,000; and
WHEREAS, consistent with the HPB approval, the Developer has completed the
aforestated improvements contemplated by the agreement, attached hereto as Exhibit 1, and
under the Agreement the City is to reimburse developer for $95,000 of the $265,430.29
expended by the Developer; and
WHEREAS, the Developer has complied with the HPB condition by paying for over fifty
percent of the design, permitting and construction of the 23rd Street improvements; and
WHEREAS, the Agreement contemplated the terms and payment schedule for the 23rd
Street improvements and needs to be ratified by the City Commission; and
WHEREAS, the Administration requests the City to ratify the Agreement, attached
hereto as Exhibit 1, and authorize the City to reimburse the Contractor $95,000 towards the
improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission ratify an
agreement between the City and Centurian Collins Property Owner, LLC (Developer), attached
hereto as Exhibit 1, in which the Developer designed, developed, constructed and partially
funded improvements along Liberty Avenue, from the northern corner of 23 Street to Collins
Canal, which improvements are valued at $265,430.29; and authorize the City to reimburse
Developer $95,000, as the City's full and final contribution toward the cost of such Liberty
Avenue improvements.
PASSED and ADOPTED this I day of December, 2015.
ATTEST:
Philip L= - F- �,r
( hI�
Raf el E. Granado, City _4;- '-'11'1141,1��
B t�•'' \ FORM & LANGUAGE
~y1, &FOR EXECUTION
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City Attorney. Date
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F:\ATTO\BOUE\RESOS\Aloft reimbursement resolution..docx
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Ratifying An
Agreement Between The City Of Miami Beach And Centurian Collins Property Owner, Llc (Developer),
Attached Hereto As Exhibit 1; In Which The Developer Designed, Developed, Constructed And Partially
Funded Improvements Along Liberty Avenue From The Northern Corner Of 23 Street To Collins Canal,
Which Improvements Are Valued At $265,430.29, And Authorize The City To Reimburse Developer
$95,000,As The City's Contribution Towards The Cost Of Constructing The Liberty Avenue Improvements.
Key Intended Outcome Supported:
Item Summary/Recommendation:
Centurian Collins Property Owner, LLC (the Developer) is the owner of the Aloft Hotel, located at 2360
Collins Avenue.
At its September 11, 2012, meeting, the Historic Preservation Board (HPB) approved the Developer's
request to construct a hotel, under File No.: 1840. One of the conditions to the HPB approval required that
the Liberty Avenue Street end,from 23`d Street to the Collins Canal be designed, permitted and built by the
Developer, with 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 be paid by the Developer.
The Developer provided the City a further concession by capping the City's cost at $95,000, where the
City's costs could have been fifty percent, and over $130,000. Consistent with the HPB approval, the
developer installed the improvements contemplated under the order,with Public Works approval, and the
northern portion of 23rd Street,to Collins Canal has been improved based upon the design, permitting and
construction by the Developer.
The Administration requests the City to ratify the agreement,and authorize the Public Works Department to
•
reimburse the Contractor$95,000 towards the improvements.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
•
Funds: 1 $95,000.00 365-2953-061357
i
VC) 2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs: ,
Departmen ' ector Assistant Cit ) nager City ;:nager
JJF i ETC 2 JLM
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T:\AGENDA\2015\December\PUBLIC WORKS\Aloft reimbursement.Sum
AGENDA !TE C7�
MIAMIBEACH DATE 0--9—I
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISS •N MEMORANDUM
TO: Mayor Philip Levine and Members i•f the City C;f mmission
FROM: Jimmy Morales, City Manager
DATE: December 9, 2015
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RATIFYING N AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CENTURIAN COLS INS PROPERTY OWNER, LLC (DEVELOPER),
ATTACHED HERETO AS EXHIBIT 1; IN WHICH THE DEVELOPER DESIGNED,
DEVELOPED,CONSTRUCTED AND PARTIALLY FUNDED IMPROVEMENTS ALONG
LIBERTY AVENUE FROM THE NORTHERN CORNER OF 23 STREET TO COLLINS
CANAL, WHICH IMPROVEMENTS ARE VALUED AT $265,430.29, AND AUTHORIZE
THE CITY TO REIMBURSE DEVELOPER $95,000, AS THE CITY'S CONTRIBUTION
TOWARDS THE COST OF CONSTRUCTING THE LIBERTY AVENUE
IMPROVEMENTS.
FUNDING
$95,000.00 365-2953-061357
BACKGROUND
Centurian Collins Property Owner, LLC (the Developer) is the owner of the Aloft Hotel, located at
2360 Collins Avenue.
At its September 11, 2012, meeting, the Historic Preservation Board (HPB) approved the
Developer's request to construct a hotel, under File No.: 1840. One of the conditions to the HPB
approval required that the Liberty Avenue Street end, from 23rd Street to the Collins Canal be
designed, permitted and built by the Developer, with 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 be paid
by the Developer.
•
The Developer provided the City a further concession by capping the City's cost at$95,000,where
the City's costs could have been fifty percent, and over $130,000. Consistent with the HPB
approval, the developer installed the improvements contemplated under the order, with Public
Works approval, and the northern portion of 23rd Street,to Collins Canal has been improved based
upon the design, permitting and construction by the Developer.
The Administration requests the City to ratify the agreement, and authorize the Public Works
Department to reimburse the Contractor$95,000 towards the improvements.
City Commission Memorandum-Aloft Reimbursement
December 9, 2015
Page2of2
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachment:
• Agreement Regarding the Renovation of the Liberty Avenue Improvements between 23rd
Street and Collin/ Canal
JLM/ C : A M /FRS
T:WGENDA\2015\December\PUBLIC WORKS\Aloft Reimbursement.Memo.doc
Attachment- . o,(J/0-0f67e r
AGREEMENT REGARDING
THE RENOVATION OF THE LIBERTY AVENUE
IMPROVEMENTS BETWEEN 23Rn STREET AND COLLINS CANAL
THIS AGREEMENT REGARDING THE RENOVATION OF LIBERTY AVENUE
IIMPROJEMEN"T BETWEEN 23RD STREET AND COLLINS CANAL ("Agreement"), dated
this 3 day of it , 2015,is entered into by CENTURIAN COLLINS PROPERTY
OWNER, LLC, a lorida limited liability company, whose address is .1MH Development, Unit
C706, 184 Kent Avenue,Brooklyn,New York 11249 ("Developer"), and the CITY OF i1TIAIVII
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
("Pr_ oject").
3. The Developer has agreed to design, develop,, op, construct, and partially fund
improvements along Liberty Avenue ("Liberty Improvements"), from the northern corner of 23`d
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 5500,000.00, 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"G.C." to construct the Liberty ( General Contractor"
rty 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/83985782v8
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
entering into all contracts necessary for the construction of the Liberty Improvements and shall
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 (1) 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
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6215"\i‘4°
MM 1839857824
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
• Liberty Improvements,whether in storage on or off the site; and
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
.tllA 183985782v8
111j6°
• 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 Lmprovements; 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 farther 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
Mid 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 (3 0) 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.
MIA 183985782v8
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 AlNY 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 re2ning 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.
Jti1H Develop
Unit C706
184 Kent Avenue
Brooklyn,New York 11249
(212) 687-3444
6
4t114 18398578218
With Copy To:
Greenberg Traurig,P.A.
Attention:Alfredo J. Gonzalez,Esq.
333 S.E.2"d 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
(3 05) 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]
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 LEACH
/
/.if 2 2-3 ir 11L'l '
•afael Granada, City clerk Jimmy Mor City Manager
`1444111-
dp•,,,,,:c>................../ /.
Attest: * INC OR P k R � CENT tiR IAN C I LLI I T
S PROPERTY Y
if G- ED: � ;' OWNE. LLC . Fl.:da limited liabili ty
corn..n y f-7 , . r .
7%/01.7,....,-9..c.,,...;+;.,,c6)- rtil Ilia
x1.4.=.0 Mitchell ochberg, Ma'i aging M f ber
[Both part signatures notarized on next pag
APPROVED AS TO
•
FORM & LANGUAGE
&FOR,. ECUTION
4e4.44,. ' • 9 c-
City Attorney 0 e
4 17
MIA 183985782v8 S
[Continued from previous page]
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this � day of
01 1 , 2015 byes Jtildrra.(.City Manager, on behalf of the CITY OF MIAMI
BEACH, 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 \ day of (i 1 , 2015
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
•
New\locke_._ "Pk. MA MA DE PJNEDO
ri MY COMMISSION-it-FF 126641
STATE OF FpaRIVA ) EXPIJ4ES:Septembsr26,2018
4r:yt 6^nd•_d Ihru tIc'"2ri Put&Undenslers
O\fGCV-- ) SS:
COUNTY OF 1141.24azil--DADE )
The foregoing instrument was acknowledged before me this L day of
AV4'ik ,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 day of 2015.
ak&JULIA ANN GRANACKI X41
Notary Public.State of New York Notary '.�r'ic, State of Florida at Large
Qualified in Nevi York County CO;pmi Ssi a No
No.01 GR6239984 • �
My Commission Expires April 25,2015 My Commission Expires: 4çyc\\ a ' L r'
•
9
kikbMIA 183285782v8
Exhibit"A"
Legal Description
That portion of Block Three (3) lying South and adjocent to Lake Poncoast end Collins Canal.
between Liberty and Collins Avenues. Miami Beach, Florida, n-tore particularly described os follows:
Form o 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 COMPAIV . recorded in Plat Book 5 at Poge 7 of the Public Records of Miami--Dade
County. Florida, run Northerly along the East Tine of Palm Avenue (now Liberty Avenue) as said
avenue is shown on said plot a distance of 370 feet to the Point of Beginning of said tract of
land herein described:
From sold point of beginning continue Northerly along the East line of said Polrn Avenue (now
Liberty Avenue) o 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
hoving for its elements a central angle of 01'58'23" and a radius of 494 feet a distance of 17.01
feet to the point, said point being the intersection of the Eost line of Palm Avenue (now Liberty
Avenue) and the north race of the Southerly bulkhead of Collins Canal, thence meander clang the
face of o concrete bulkhead in a Northeasterly direction along Collins Ccnol and in a Southeasterly
direction along the lake (now Lake Poncoast) as said bulkhead is shown upon a Sketch entitled
"Sketch to accompany metes and bounds description of a portion of Block 3") of the Arnentfed
Map of the Ocean Front Property of THE MIAMI BEACH IMPROVEMENT COMPANY, doted July 1. 1993,
c distance of 484.9 feet, plus or minus to a point. said point being the intersection of sold
bulkhead on the Lake (now Lake Poncoast) as shown in soil sketch. with a tine parallel to and
217 feet distant South of the South fine of Hotel Place (noW 24th Street) as said Hotel Ploce
(now 24th Street) is shown on the obove mentioned record Plat, thence run in an Easterly
direction along 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 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
plot; thence run In a Southerly direction deflecting to the right 90 along the Westerly line of Collins
Avenue, as Collins Avenue is shown on said 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, said 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 plat, a distance
of 285 feet to the point of beginning of the tract of land herein described.
TOGETHER VifTH 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, sold point
being the Point of Curvature (P.C.) of a circular curve; thence continue along the crc of a circular
curve deflecting to the left and having for its elements o centrol angle of 01'58'23" and o rodius
of 494 feet o 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 face of the concrete bulkhead situated
on the Southerly shore of Collins Canal: thence meander the Northerly face of sold concrete
bulkhead in a Northeasterly direction along Collins Canal and in a Southeasterly direction clang Lake
Poncoast as said concrete•bulkhead is shown on a sketch entitled "Sketch to Accompany Metes
and Bounds Description of Lagoon of South End of Lake Poncoast, Miami Beach, Florida" prepared
by Zurwelle—Whitaker, inc. Engineers, dated November 4, 1940 and revised January 2, and January
24. 1941. a distance of 244.6 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 Pancoost, a distance of 80.0 feet to a point;
thence run in a Southwesterly direction along a line possing through the last mentioned point end
a point on the outside face of the concrete bulkhead situated on the Southerly Shore of said
Lagoon. sold 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, a distance of 215 feet. plus or minus; thence
meander in o Westerly and Northwesterly direction along the concrete bulkhead of said Lagoon a
distance of 254.1 feet, plus or minus, to the Point of Beginning of the area herein described.
10
MIA 183985782v8
Exhibit B
Plans
it
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' Exhibit C
HPB ORDERS
•
12
MM 18398578218
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Ht VRIO PRe812,f4VATION latiARD . • . .
• • Olty of 1%011 J aoh,lxIDrid# 41$Y1F1pAtigrt ' .
ytiviaToOthilinVitittAtAtlitl Dt011i c
• t ItAt gMAAtlrJkAfi @ COY 0nit MCII ( .
,aces eo014 Q)1 FtA!yilV � itaRI,
1,4*• 1
. ` • McE7'1110 I3/.�' ; March$ 2004 —:°'.,ii'� ''' `• :x;:•
•t;it_ NO; 1 K� n.W}#>Irnr�cf °1 •'. ` Q:�.t7fir '
IP OPOITY; M O Corns Avierulo-- t ▪ be u�r ts�ndcs ;. g+s. {
•• r : ' LEGAL: ' li/loott 3 of the amended plat of the ocean front property of the Nam't3eac;h • .
•I , . Improvement tDernppely'e auixdlvlsl'ri, etcoflrcling to the Flat Thereof, as
a t Raoordad 1n > f Zook ti, Page 7, of the Publla I oorde of Mlard-Darla
County,Plorldp, .
Us!RE' `rho Applloa31on for a Orodfioata of Appropriateness for the partial demolition,
I • . partlel•rtrc ni.truation,oltare`Jon, renovation ifNi iehabllittttlon of an.tixigfng •
-
rriot;Eil aompta)c, a&wall as the oanstruotivn of an eight(6)story tesrdantlal :
strtioturn.
� 1
1 T fie a ppiliOnt,Kan rieltia,fired an vpplletttbtt with th e Olty of Mtamt t iaaah PJarnlIV Dopartrne.tfot
F . a Cortlfleate cifAppi'optlaten e,
_. :. • The Olty Of Mierril Berth 1x11eltaria aa•aervetlon bard rnakea the fallowInq•P1NQINO$OF=ACT; . •
. J aired uparithe eVldonoa,Infor ia€1on,testimony and materll la praevr►ted Alt the publlohooring end .
• which are pi-rt of the Z' aor1.for this nnat#ar . •
A, The oubjeot stitietut4 lb Iodit J wlthit tl°,e Goilinn Waterfront Lonel 1-ilelotla Dietiot aAd le
• d€nIptlattd oonf tbuting in the Irileng geed)t-ltstorlo 12ropnrtles batelse , •
• . el Wed on the P� and dooirnetita auhtmltted With 'Sppilaatlort, testlrnory and .
. • information•r+vide#by thetzpialloott,and the reasons a t forth In the Planning ID epartm4nt .
' Staff414%rt,the groJatt as autolnitited N toni3lstent with thh.Celli/late of Appropriateness
• Criteria to�rP•19 4,464(0)(4) 'the 1tAtaml t th Oode,is tlot�istontwtth C ttltiv.ato
.of Apisropriatesets Criteria at b.,viand d In :H rr.I t I3 IKe)())Of the Werth 13 each 0Dde,
1 Ia TIM aarhotetorit With Oetitfly ti apprclprlata>`iebb Orlt 'fpt.,ta,d,), nd i•n in Setctloft i 1
'� }}( )of Old iyilarnI1Yeadh cJode,.end le riot consistent with°Win Irate ofAppropliaterlaas.
I .
Orittrfafor> atunaittton 6,$end 0 In Stoat,118' 4(f)(4),
• CO The project +ouidh mtnuistnntWith the ortterla and requfremente bf&eation'ti6*tl341i•ths
_ following zonditIons are met: • ' i
°l.4w, , ,. . . .
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Puts 2 of t} -
11P6it Flist Nc,41340
r Mfetifig.Date:March 0,2004
i l 1. evlgod olOvatlott,detailed site plan,and flvorplan drawings,shell be submitted to .
end appr ived by etaf fi at a minimum,such drawing,Ghat!.Incorporate the fallowing:
' a.• The proposed roof top om opiea snarl be eliminated et each lave!.
. b, Addlttonsl dealalls of the louver system shall be provided,Including a section
r dotaiting the methmi of attaohnlent to the building,color,and method of
operation,aula sot td the review and approve!of etair,The louver locations
. • ' r • shall alai,be a sown of t'ha floor plans..
a, Theadateidv6'li tit of�}1a a{1t1 rYg,northornmottbWildligekialil a restored toite
• I original coritif uttit1an,Ina manner to be reviewed and approved by etAft
I • d. V.0611 6lovetlo>y shall obntaltr a oarreeponding elevation eackiort merit oritha
I . • site plan which socurfately dmttotee the angle at whist the elevation was j drawn. .
e, i=;Iclosed living areas placed ebpathe exiettng lobbyroofahall be stbjecito
. • the rt vfew and Opproort i of staff,
1 I : i ;I ,, f, lauullding.ss,ctlons shall be provided through the Main axla`•bfthe tower
i struoture eft i existing bultdInge• ' .
• g. The rariovarthm QM'restoration of the existtng strootures,hall obtain a . ,
• buftdingOarthitvot�aurrentkilth.thene o nstruelion,ATampQraryoai'ifloete .
1 • of Qobupnnoy(TOO)shell not beleuued for the newly constructed.residential •
I • • partioh of the pro�Oat prior to the completion of the ter,bveted end
reconetrueled retail portions,
I ,
2, A•revs d landecape Platt,prepared by a Pref 3ionai Lerrdsveps Ar•ohltect,
. - regle'teted in the Stets of Florida,and corresponding site plea,she li be submitted to
And approved by staff,The specles type,quantity,dlme.nairtna.,eyvecing,location and
. 4 overall oaf all plant material shall oIearty delineated and subl.e t to the
` revI w and approval of staff. At a minimum, bush piatt shall lei eIporate the
• lot wtngi•
1 A. All exterior wallows and driveways shall=Wet et decorative pavan,,sot In
sand or other.equally semi-pervious material, subject to the review and
� 1 i• appro'at Of staff.
I ( i b. Ali larcieespe sroOa calaullirrg:driveways end parking Ares stall be
. 1 . defined by decor-etivcr bollards.
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t tvleating Data.Marsh 9,2004 .
• f
• c. • A Way automatic irrlgatlen s3yvtorc with 06%rov�araga and ran automatlornln
• ; •sr�rtaor Ir,order to render Iris eyetem Inoperative iii the avant of reins I ioht-
Qf.way arose ehali also by In0Orporaled ea part of the irrigatipn eyatem1 ' • i
• d.. The landscape plan dell,rR llet y all requft mente 44 speollisd In°heeler e3 I
• of the MiatnFFt Ada County Coda. A landscape tetole shall be provided on
final landscape plane addre stag all mtnlrrtrml quantity and nativa 1
requirements,Gubject to tie review and approval of'gaff.a f
, ' Elalkfiow prevenkd�And utility boxes shall net tae pormlttod within any' ii
. requlc-ed yard,The iOlatton trf backflow prev ntor, slerne-ao pipes pr 1:PI,
' . boytes,if any,and how they are aracnad with len fsoepe rrreterlol from the
. • , right oTway,ahali be indicated on the plane and shall be subjont toihe t•• revlevf and approval zf staff.
1 f, Thc,3 alts landa apingalong Liberty Avenue shall booarofully000rdlnaladwiltt
the QeGenftent�+ielstlbQrhopd.8treefscnpe improvement Project. Purer to
• r the City of Mla(i bath Claplkat Improvements Offlota for hirthvr information,
' g. The paving pat torn and Having Materiel Onli.lberty Avenuvshall be subject to
I : 'the rente r and approval of&at and shell be integrated Init the dbaigrt of soy
t Ian s iping fteetturas, . .
3. •AII building.elognaga shall be consistent in typo,tompasod of flush mounted,non.
{ • ; . . p1astlo,incilvidu.al lettere and shell require a soperato permit, ' • • .
I 4. Ilia ftnetexterlorsurface color ethernet,fripluding color simples,shall be sub-ject to
I the revtaw and approval of eleff and Shalt require n separate permit.
8. A trafftd mitigation pied, which addres4ee all roadway Leval of 8ervloe (LOS)
t t°olEttive to the conourrront±y requirements of lho City Code,if rogdred,
'.V shalt be subinitied pclor to the is cranoe of a building Permit and the final building
• plena aliall moot all otlterreqtr(remanla of iha Land Development Regutationb el the
• • City Code. . • ,•• '
I a, Manufacturer'is drawings and Dade County produot approval numbers for all new
' Windows, dears and grave shall be required, pf to the Issuance of a building •
'I permit.
• t 7, . Ali r�iF••tr��>l�cturae,elr}rroridt(irmtrlg units and rnottJtantcal daVibey shall bo dearly.
noted on a ravleed roof plan and shell be screened from-view, In a rnennerto by .
cpproved lay staff. .
8, f evicted drawly ,with oatressbotldIng color photographs that are separate torn the
oermtruQtlOn dooumenta, dtawn to poste and ol'earty dettimart ins fhb oxidling
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• 1 'k { 4 '
*040s
.j • i3f�J Fife No. �4O
Meeting blater Marnh 9,2004
• _ conditions of-the :subject building, oiler] be submitted. Stroh dtawJngs fend
. i photoprrphs bhall Include all four'e evations and rnterror floor plans of the building,
as well as a file plan,
•
9. An Iilstorto lysJ8 of the'tratrrrg structure inclusive of photograpnloand•writton
• . description of the history arid evolution of the original bulldfng an sits,shell bs
. submitted to and apl raved by atatri gar to the Issuance of a t2wilding Per'rnit;auoh
• histtrlo anetysls shall be dlsplriy d l romrinentiywiihlrr the publi area of the atrcreturs, r
•
•
hi a loco-lien to be determined by staff.
10. All•nsw and altered ialamorrts,ep oas and arees shall Mb the requirements CI the
• Fibrlde Aaasolbillty Cede(PAO),
I11. The pitiedeh liaor=rtplywlthen l9ndsaeptngo>•etheraidewa lklafraotlmpr`overnent
I 1 .. • . standards as May be preetttitted by a raiSvrrirst Urbar t Design Mester Plan approved
.prior Us the Odhhpleilor►pf tile project r►d the leatarice of a t ertlfl of•Qewupenoy, •
12, 'i hd apprltarrt may he requ(tacJ to submit a separate analysis far,water and sewer • .
} requirements, tthe clracretivn of the Public Works Olrectwr,or designee. Bested bn .
' •a'prnlimhiary review cyf the;prtypoaad projaot,the following may be required by the
' - Public Wertta i'epartmenti .
i
4
* • a, Ratoveir plain ofdowwlks, turbo and utters o t all fret fronlges,if
.
eppiltrable, '
....
h. MIl1/reaurfaoa asphalt In mar alley along property.If a ll. ble.
r . o, .•Provide undargrdund utility aerlies'conneotlons and on.aita transformer
1 Iaoartron,If r�eoesoaty.
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. • d, Provide baCis-flow prevention draviCas on aft water services,
e,• Provide drklitsb, stiff-mrrtrned atdrm,water drainage for the prelDoxl
• dovelapmsnf. !•
4 t • f. Meet wtterfeoWer o gnoprency rat t uli erslsrtta Ir ieludtrig a hydraulic water I
model e�ntaJyels anti flnavity sewer:a atanreape Ily a nsl ate as deeermlixad by ;
the.I)eportrner t:and the,required'ta�tgrrdefs to water end sower mains r
• ser fns iris ( jetet. '
. g, Paymentef oily uttlity'Ingaaot fetla for water rr;,eterelttervlorxs•
r • h. • Provide• dc O b&r1er rdrnps to underdrauirnti pa�y0 or ntnl
ru.rn Ciet>
fikiVilliOn tey b at hioheat adjacent orrrwn road aB vatle n plc 84.
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} '• age5of8
i ' t�, 4P5 nits No, 1844 '
Meetltr pate;March(3,tIO14 .
I I, Right-of-way parmlt must 00 Plalalnad tram Public Works.
j, • All rioht-of-woy ont7roaehments mast be remavad.
I(, Alt pianttn lttzrtdsrreping In the public right-of-way mu f be-approved by to
I ptlbtla Walks end Forks.Deptartmenis,
• 1d. A drawr"t pm and written or-M cture for the proposed demolition shall ba prepared
• and submitted by a 1 rofesel,hal qtruotural Engineer,registered In the Mato of i
. Florida, w11a1t fully ensures the protection of the Public affety► Els wall es trio
prof o tan of the existing struattire on the subject site snd all existing structures•
. ` I tadJAoent to the tubJoct sIt®(luting th.,carte of demalitI n. .
. imoliilan shell only riwneln In effect fort e
. 14, 'The C:srtltloate of A17roprlstan iar�,
. pertani of limo that there Is an active Cortifloafe df Appropriaienoasfor the saaooleted
new oons.truty11of on the sub edt property,
i 18. The Final Order shall be refoord$d In he Publlo F et!;prde of f,Aiaml►).ade idcu,'tty,
I to the itmanos of a Building Permit, .
r ' • 16, 'Tie Final order Is not severaktle and If any provision or condition hereof's held void
or uncort tituttanal Ina final deehdlcn by a court of eomptbnl junedlotlon,The order
I shall be rottimtiel'to the Board for reaorsideretlon Et?to whether the order meats the ,
i I ' • criteria yt eremaining abtntditl nle o it page n w'onditions, diorll+tsApproprlalo ,
' ' ' ' iii HER BY AAE�E1��ED.,based Upton the foregoing findings of feat,the evidence,inforrnitiOn,• ,
• tea many end ll ateriels pree nttd at the p ibita hparing,which are part of the record for this matter,
and tho staff report and analysis,which are adopted herein,Including the staff recomfiendetIwne
. which were amended by the Board,that the Osr111Iopte Of Appropriateness is ORANTE1 tbt the
above-referenced project subject to hose t ertaln conditions$peoltlett In paretrsph 0 of the
' ;rndlrr9e of Fiat< ortdlUon Noe,1-1a,inclusive)hereof,to which I1'sb eppllQank me agreed, .
No bulldinq frerrntt may be Issued unless end.unttl ell condntiona of approval as eat forth herein have ,
been root, l'he,iset,ltrn a or a Qerilticate Of Appropriateness dues not relieve the,applloant from
• , abtelnk•O all other re.tetrad tviur7lolpsl,County end)Or Stele reviews Intl psrrntta,Including toning
• • t j •approval, If ad�ttu ke t\ dltt d 4 its 11 is rink provt�ad,thta approval direr not mean that sue.' • •
• Yh�ilctpped sates$ts�.iroti'bq-tree erthat the Aoard.strppartd ed applloat;t}ieff into statcaiaivers
• .' rotating to hanalaapPecl acae aVilty rt ulremapta, .
••`c;,cy •i..e. .•II a. u_.op5.1 .'iI%$lCS( I0 'iiorq 't• X11b�.�1,Zs alrl , L
i . trail • a.at eve o' ad dentin errs are ••.,fsie y Oddto.�saed,•itre p,he Will.e rev awed for
laulldlit pei'mit tipprovaI, Two sets 0111 be rstUrnad to yeti for submission fora building permit ,
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• 7 Page 0 of e 4 '
PS File No..14 7
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Mt(ng£tatet;March S,2004 • •
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and one(1)aOt will be rafeined rarthe Meiotic Preservation Board's file,
' if the i=ttil i tdiltiing P rlit to hot lamed within ol0hteeri(1 13))rni tithe of the meeting dad atwhiohthis
i1lfioate of,Appr'apriateneas woo rran tend and aortetruoftan does not oomnie iaa and continuo let
. aeartrciancm with the requlremante of the vippllotable Building Code, the Certificate of
Approprlatenao0 will olOke end bnnorre null end void,unteea the appfldent,prior to explratlort of
' stink period,pekes applidatIon to the ttoarr9 fef are extenulon of time)4'0 Pr'anting of any auc{1
. exteneinn of tin a ehaIi heat the(Refection of the"lord,At the tiee•lnp on any euoh appllue1lon,the.
a card rrray deny or approve the request and zztodify the above oOndlt!ono or frnpoec additional
. conditions, i-allure to comply with this Otcler shalt subloo1 the Corttfioate of Appropriditertess to
8eotian'143 5(4,City Code,for revocetlr or n dlfioatlon of the Certificate of Appropriateness,
Dated this•-•. day of_LH.6. acs •
1 HJ$$TCRIG tRZSEPVATlON EiOARi `
THE CITY or MIAMI OEM) :FLORIDA
• . The g E ,At ....r....,._._..
of tetIi AND PRC$EI3VAT1QN MA NAPER .
7 r Oft 1111 CHAIF ,
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STATE Of M.OP;tIJA • ) '
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COUILTY'Op MIAMI-BADE })$ '
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• The t g�r instrument, wag cnowte ed before and thle - 7) day of ,
2Od
14)y Tht mas R,Mooney;Cosign end Preservation Mjnagnr,
Planntn9 E�car rnent, t U larr each. rlda,a Florida lytun1e al .o por-atton,on behalf of to • .•Carp ilea,i-le le.or . ;1. •rte, 7.w,r ./1 d •
"" RhorR9A r . . /• JdR •
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• ' Miami-pods urtty,$ctid>
My aomrnleslon nx pre
• Approved As To Porrn; ,...0,1_,
' • :Lotr41 Deportment;_ •.. y.::, ___ ($i.-71i+7r>. )
Felled with the Clerk of thra Ietoria Ea setvat:nn 3 m oh,w °�,( }
i PAPLAZ$t•Irat lo414Plata,t•1ft 04t18a0.fa. a . .
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1 111111 lUll 1111111111 i i i1 i hil l 1111111111111
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C E h1 2012R0807.6891
OR x•41 28349 Pas 2005 - 2014; (1 Ops s y
RECORDED 11/0712012 15:51:21
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HARVEY RllVIl'is CLERK OF COURT
HISTORIC PRESERVATION BOARD tlIAtt;'aA[)Er COUNTY, FLORIDA
City of Miami Beach,Florida
•
MEETING DATE: September 11,2012 .
CERTIFICATION ••
THIS IS TO CEiTiFY THAT THE ATTACHED MUM
IS A TRUE AND ACCURATE COPY OF TN`OfllGINAE ON
RE iH F - PtAtiNING MARMOT,
• A TY''I�� I BEACH /n� o cv OA)FILE NO: i 840 !L • t'i•1 �' 2
(s araa'^rte{ cr
Fr aaai mown ro me a' •. •d ID: 1111
.
PROPERTY: 2360 Collins Avenue * (Se)fa,a _/3
Tra dOCWlitf x COrtiiiti i" a t y�
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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
------frorrrT n itifamily-to-thotet: -••-••
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 CFA!#201.20803891 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
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 918-564(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.demolttion in this area shall not exceed the demolition
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.
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.
7
i 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.
Book28349/Page2006 CFN#20120803891 Page 2 of 10
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Page 3of10
FIPB 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.
1. 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 Fiarida, and corresponding site plan,shall be submitted•to and approved by
• staff. Tne 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
- -.._w._. - .... -- .-----mmannet-to--be-reviewed-and•approved-bq
• b. The Liberty Avenue Street end, from 23rd 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 23`d 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.
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Book28349/Page2007 GFN#201 20803891° Page 3 of 10
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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 backfiow 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.
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
—__ ._____.ter -lands eape-plans-approved.-by-
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
Book28349/Page2008 CFN#20120803891 Page 4 of 10
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Page 5 of 10
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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 q meets 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 mode!
analysis and gravity sewer system capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
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project,
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h. Payment of City utility impact fees for water meters/services.
Provide flood barrier ramps to underground parking or minimum slab elevation
to be at highest adjacent crown road elevation plus 8".
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Book28349/Page2009 CFN#20120803891 Page 5 of 10
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Page 6 of 10
HPB File No_1 840
Meeting bate: September 11, 2012
.1 J. Right-of-way permit must be obtained from Public Works.
k. All right-of-way encroachments must be removed.
1 1. All planting/landscaping in the ublic ri ht-of wa must be approved by the
� P 9 Y • pP Y
• 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
t 't. The applicant shall ensure through appropriate contracts, assignments
• ._.._—.._and._nanagen at_ruleathat these._restrictions_.are_enforced. Owner.______. . .
agrees to include the rules and regulations.set forth in these conditions in
any contract or assignment
il. 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
1 shall require that the rooftop spa be closed from 11 PM to BAM.
I
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
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Book28349/Page2010 CFN#20120803891 Page 6 of 10 •
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• Page 7 of 10
HPB File No. 1840
Meeting Date:September 11,2012
agrees to all within the instinterior the of the fan building in in connection order with to the reduce kitchen noise exhaust levels at system the
exhaust outlet.
1 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 •
1. 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
._(, .-tmatenrrthEirdoftoirfacllity;end- llr ce st-ta tie g frezi —`_"_.
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 machlnes or
Book28349/Page2011 CFN#20120803891 • • Page 7 of 10
i • •
•
Page 8 of 10
HPB Elie 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.
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 garbage pickups and service deliveries shall not take
place between 7PM and 8AM.
•• iv. Permanent outdoor cooking anywhere on the premises is
g yw p prohibited.
-.--.__-..___..—_. Kilc;hher and-other-cooldrrg-•odors-wi;l-be-cur,tai< tyre-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 protect, 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.
Book283491Page2012 CFNI#20120803891 Page 8 of 10 .
•
•
•
•
Page 9 of 10
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 f=inal 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 •
--__._—_ shali---be-consi t with-the ,tans-approved-by-the Board, nnudified-in-arccardance with the ...__.
conditions set forth in this Order. No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order,
have been met.
The issuance of a Certificate of Appropriateness does not relieve The applicant from obtaining all
other required Municipal, County and/or State reviews and permits, including final zoning
approval. If adequate handicapped access is not provided on the Board-approved plans, this
approval does not mean that such handicapped access is not required. When requesting a
building permit, the plans submitted to the Building Department for permit shall be consistent .
with the plans approved by the Board, modified In accordance with the conditions set forth in
• this Order. -
If the Full Building Permit for the project is not issued within eighteen(18)months of the meeting
date at which the original Certificate of Appropriateness was granted, 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
•
f '
• OR BK 28349 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.
•
d this 4Y--`1'-'06Ye'
201 •-
Date � day of ,
Y
HISTORIC PRESERVATION BOARD
' THE CITY OF MIAMI BEACH FLORIDA
BY:
THOMAS R. MOONEY,AICP
DESIGN AND PRESERVATION MANAGER •
FOR THE CHAIR
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
-------- be-fore its ment--tarns--- aok-nawiedged•-••before—rye---this 7)4 day of
_/L-- 20 f 2.by Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me. ` • �,�
:Y 1, "V ESA MARIA
t , *MYCMUf1'6s1MtDCs2sr48 NOTARY PUBLIC
mss;e++erAer 2,2913
''4oFF, P S dThraa�etNatary Saroic� Miami-Dade County,Florida " f 3
My commission expires: /
Approved As To Form:
Legal Department: ( IV )
• Filed with the Clerk of the Historic Preservation Board on ( )
•• F:I PLANI$HPB112HPBtSep1211840-SEP2012.FO.docx
Or
• . Book28349/Page2014 CFN#20120803891 Page 10 of 10
Exhibit D
B ud2et
Liberty Ave. CIP Budget
18-Mar
Summary
Soft Cost $ 33,400.00
Site work S 143,900.00
Irrigation 5 5,000.00
Landscape $ 6,800.00
.Gen.req.I safety/police detail/MOT $ 17,638.00
Legal fees and permitting 0
Seawall repairs 33,670
Subtotal S 240,208.41
GC 4%and Ins,at 1.5% S 13,211.46
Contingency $ 12,010.42
TOTAL $ 265,430.29
'DESCRIPTION 'Quantity 1U nit Total
Soft Cost
Architect _ 1 LS $ 4,900.00
Civil Engineering 1 LS $ 7,500.00
Surveyor 1 iLS S 2.500.00
Landscape Architect 11LS $ 18,500.00
Permitting!Legal 1 ILS $ -
Consultant for utility 1 LS $ -
Project Management 2 $ 4,000.00
MEP consultants/seawall 1 $ 2,500.00
Sub Total S 33,400.00
Site work
Street demo Resurfacing 9800 SF $ 90,000.00
Sidewalk&Curb Sandblasiting(16x290) 9640 SF $ -
Parking Metro Removal 8 EA $ -
Conc.Sidewalks&Curbs Staining 8640 SF S -
Crosswalk(30 x 8 x 2) 480 SF $ -
ADA Ramps(14 x 12 SF-) 2 EA $ 1,500.00
Striping 450 LF 5 2,400.00
Sidewalk in ROW thru to and along seawall 219 LF $ 20,000.00
ROW Pavers at cut de sac/mandated by PW S 30.000.00
Sub Total $143,900.00
Site Utilities
irrigation at Cul-de-sac I ROW port $ 5.000.00
Street tights $ -
Sub Total �~$ 5,000.00
Landscape
Street Canopy Trees 6 EA $ -
Palms 6 EA $ 8,400,00
Planters aggregate!per permitting $ -
Ground Cover 400 SF $ 400.00
Baskets 20 EA $ -
Planting Soil 15 CY $ -
Mulch 5 CY S -
Sub Total i 6800
13
MM 1839557821,8