Grant for Easement for Air Rights aois-a917f
This instrument prepared by and
after recording return to:
Eve Boutsis, Esquire
City Attorney's Office
1700 Convention Center Dr., 4th Floor
Miami Beach, FL 33139 (For Recorder's Use Only)
GRANT OF EASEMENT FOR AIR RIGHTS
This Grant of Easemen for Air Rights (the "Easement" or the "Agreement") is made and
entered into as of this 3day oft 16, by the CITY OF MIAMI BEACH
("City"), a municipal corporation duly organized and existing under the laws of the State of
Florida, having an address at 1700 Convention Center Drive, Miami Beach, Florida 33139
("Grantor"), in favor of BETSY ROSS OWNER, LLC, a Delaware limited liability company
having an address at 1440 Ocean Drive, Miami Beach, Florida 33139 ("Grantee").
RECITALS
A. Grantee is the fee owner of the Betsy Ross South Beach Hotel (1440 Ocean Drive) and
the Carlton South Beach Hotel (1433 Collins Avenue) and the real property on which
they are located, the real property is legally described in Exhibit"A" attached hereto and
made a part hereof(collectively the "Hotel Property").
B. The right-of way of Ocean Court located between the Betsy Ross South Beach Hotel and
the Carlton South Beach Hotel as legally described in Exhibit "B" attached hereto and
made a part hereof, was dedicated by plat to Grantor as a public right of way; this
dedication also includes the air rights over the Ocean Court right-of-way (the air rights
over the Ocean Court right-of-way are referred to hereinafter as the "Easement Area").
C. The City's Historic Preservation Board ("HPB"), pursuant to HPB Order and
Supplemental Order No. 7414, copies of which are attached hereto and made a part
hereof as Exhibit "C", approved the installation by Grantee of an elevated pedestrian
bridge, which varies in length from 20 feet 10-7/8 inches to 20 feet 11-1/4 inches, has a
structural width of 8 feet 4-3/4 inches with a decorative cover that has a width of 30 feet
9-3/8 inches, and located a minimum of 19 feet above the surface of the Ocean Court
right of way (that is, within the Easement Area), for the purpose of connecting the third
floor levels of the Betsy Ross South Beach Hotel and Carlton South Beach Hotel (the
''Pedestrian Bridge"). The Pedestrian Bridge shall not impede vehicular access through Ocean Court(up to the height of 19 feet above the surface of Ocean Court).
D. Grantor has agreed to grant an easement to Grantee for the sole purpose of ingress,
egress, transport, installation, maintenance, and repair across, over and through the
Easement Area, as may be required by Grantee in connection with its operation and use
of the Pedestrian Bridge.
E. Grantee shall bear any and all costs of installation, maintenance, utilities, replacements,
repairs, taxes, insurance and any and all other costs and expenses, including any
necessary relocation or undergrounding of existing utilities in conflict with the Pedestrian
Bridge, involved in its installation, operation and use of the Pedestrian Bridge (the
"Operating Costs").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Recitals. The above recitals are true and correct and by this reference are incorporated as
if fully set forth herein.
2. Easement. Grantor hereby grants to Grantee, for the use and benefit of Grantee, its
successors and assigns and its agents, employees and invitees, an easement over, across,
and through the Easement Area solely for ingress, egress, transport, use, installation,
operation, maintenance, replacement, and repair of the Pedestrian Bridge. Hereafter,
unless specified to the contrary, use of the term "Pedestrian Bridge" shall include the
electrical and utility connections and associated equipment for proper operation of the
Pedestrian Bridge, including lighting and fire sprinkler systems. The surface of the
Ocean Court right of way subject to the Easement Area will at all times remain
unobstructed for its continued use by Grantor and the public as a dedicated public right of
way (which use shall include, without limitation, pedestrian and vehicular activity).
Grantee shall exercise its easement rights hereunder without interfering with the
continued use of Ocean Court right of way by Grantor and/or the public as a dedicated
public right of way, including vehicular access up to a height of 19 feet above the surface
of Ocean Court.
3. Green Alley Contribution. As further consideration and inducement for Grantor's grant
of this Easement, Grantee shall pay to Grantor a contribution in the amount of$240,000
to be paid in installments as follows: (1) $75,000 upon execution of this Agreement; (2)
$82,500 within 12 months of execution of this Agreement; and (3) $82,500 within 30
months of execution of this Agreement or upon obtaining the Certificate of Occupancy
for the Pedestrian Bridge, whichever occurs first. Said contribution shall be dedicated
towards improving Ocean Court and creating a Green Alley, between the Hotel Property.
4. Maintenance. Grantee agrees to install, use, operate, maintain, repair and replace the
Pedestrian Bridge, or necessary portions thereof, so that same is at all times in good
working order and condition and free of material defects, subject only to occasional
interruption of service due to (i) ordinary wear and tear and use thereof; (ii) routine or
extraordinary maintenance, repair or replacement; or (iii) events beyond the Grantee's
reasonable control. Grantee shall have the right to select the contractor(s) of its choice in
connection with all aspects of installation, maintenance, repair, and replacement of the
Pedestrian Bridge; provided, however, that all agreements with such contractor(s) shall
be bona-fide, arms-length agreements for services at usual and customary rates and shall
be subject to prior approval of Grantor, which approval shall not be unreasonably
withheld. After completion of any work by Grantee, Grantee shall, at its sole cost and
expense, immediately, with due diligence, restore the roadway surface of the Ocean
Court right of way to the condition in which it existed immediately prior to the
performance of such work(the cost of which shall be included in Operating Costs).
Grantee shall bear any and all costs of installation, maintenance, utilities, replacements,
repairs, taxes, insurance and any and all other costs and expenses, including any
necessary relocation or undergrounding of existing utilities in conflict with the Pedestrian
Bridge, involved in Grantee's sole cost of installing, operating and using the Pedestrian
Bridge(the "Operating Costs").
The Grantor may maintain, repair and replace necessary potions of the surface of the
Ocean Court right of way and/or utilities and other easements on, above or below the
right of way, as it deems necessary, in its sole and reasonable discretion. In the event
that the Pedestrian Bridge is damaged during any such maintenance, repair or
replacement, the Grantor shall work with the Grantee to make all necessary repairs to the
Pedestrian Bridge at Grantor's sole expense. Grantee shall use best efforts to: (a) avoid
causing any damage to or unreasonable interference with the Ocean Court right of way
and Easement Area; and (b) minimize any disruption or inconvenience to Grantor and
the public in their use of Ocean Court as a dedicated public right of way.
5. Payment Covenants. Grantee as the sole user of the Pedestrian Bridge shall be
responsible for any and all Operating Costs of the Pedestrian Bridge. Grantor shall be
responsible for any costs associated with damage to the Pedestrian Bridge resulting from
the Grantor's maintenance, repair or replacement of portions of the Ocean Court right of
way or utilities or other easements in the right of way.
6. Term. The term of this Easement shall be perpetual unless terminated by the parties in a
writing executed by both. This Easement shall not merge with any deed to the Hotel
Property or any part thereof but shall survive for the term described herein.
7. Successors and Assigns. This Agreement shall bind, and the benefit thereof shall inure to
the respective successors and assigns of the parties hereto.
8. Limitation. It is the intention of the parties hereto that this Agreement shall be limited to
and utilized for the purposes expressed herein and only for the benefit of the persons and
properties named herein. The roadway surface of the Easement Area shall continue to be
used for appropriate pedestrian and vehicular activity, except as necessary during times
of installation, maintenance, repair or replacement of the Pedestrian Bridge by Grantee,
or maintenance, repair or replacement of the surface of the Easement Area or Grantor's
maintenance, repair or replacement of utilities or other easements in the Easement Area
by Grantor. Grantor shall not be responsible for the actions of Third-Parties not
contracted by Grantor who may cause damage to the Pedestrian Bridge.
9. Indemnification.
A. Grantee shall indemnify and hold harmless Grantor, its officers and employees,
from any costs, liabilities, claims, losses, and damages (including, without limitation,
reasonable attorneys' fees and disbursements at the trial level and all levels of
appeal), whether suit is instituted or not, relating to death of or injury to persons, or
loss of or damage to property, resulting from, arising out of, or incurred in
connection with the existence and use of the easement and the easement area by
Grantee, and/or its officials employees, contractors, and agents; and including, but
not limited to, any violation by the Grantee, and/or its officials, employees,
contractors, and agents, of any laws, rules, regulations or ordinances regarding
hazardous materials, hazardous wastes, hazardous substances, solid waste, or
pollution,whether now existing or hereafter. enacted or promulgated, as they may be
amended from time to time ("Environmental Laws"); any presence, release, or threat
of release of hazardous materials, hazardous wastes, hazardous substances, solid
waste or pollution at, upon, under, from or within the easement area by Grantee,
and/or its officials, employees, contractors; and agents; the failure of Grantee, and/or
its officials, employees, contractors, and agents, to duly perform any obligations or
actions required to be taken under any Environmental Laws (including, without
limitation, the imposition by any governmental authority of any lien or so-called
"super priority lien" upon the easement area); any clean-up costs; liability for
personal injury or property damage or damage to the environment; and any fines,
penalties, and punitive damages, or any fines or assessments incurred by or claimed
against Grantor and arising out of the failure of Grantee, and/or its officials,
employees, contractors, and agents, to comply with Environmental Laws in
connection with the use of the easement and the easement area by Grantee, and/or its
officials, employees, contractors, and agents.
B. Grantee shall also, as part of the indemnification provided to Grantor pursuant to
this Section 9, defend any and all claims asserted against Grantor resulting from,
arising out of, or incurred in connection with the existence and/or use of the
Easement and the Easement Area by Grantee, and/or its officials, employees,
contractors, and agents. Grantee shall be entitled to select counsel of Grantee's
choice to defend claim; provided however, that such counsel shall first be approved
by Grantor's City Attorney, which approval shall not be unreasonably conditioned,
withheld, or delayed; and, provided further, that the Grantor shall be permitted, at
its cost and expense, to retain independent counsel to monitor the claim proceeding.
The duty to defend set forth in this subsection shall be severable and independent
from the indemnity obligations otherwise set forth in this Section 9, to the extent
that if any other provisions and/or subsections of this Section 9 are deemed to be
invalid and/or unreasonable, this duty to defend provision shall remain in full force
and effect.
C. Notwithstanding anything contained in Section 9 to the contrary, Grantee shall not
be obligated or liable to Grantor, or any third parties, for any costs, liabilities,
expenses, losses, claims or damages, with respect to third party claims resulting
from the gross negligence, recklessness or willful misconduct of Grantor or its
officials, employees, contractors, and agents.
D. The indemnity an defense obligations set forth in this Section 9 including, without
limitation, the provisions of its subsections, shall survive the expiration of the Term
or any termination of this.Easement regarding any and all costs, liabilities, claims,
losses, and damages (including, without limitation, reasonable attorneys' fees and
disbursements at the trial level and all Ievels of appeal), whether suit is instituted or
not, relating to death of or injury to persons, or loss of or damage to property,
resulting from, arising out of, or incurred in connection with the existence and use
of the Easement and the Easement Area by Grantee and/or its officials, employees,
contractors, and/or agents. For purposes of example only and without limiting the
generality of the foregoing, costs, liabilities, claims, losses and/or damages which
are unknown or unaccrued as of the date of the expiration of the Term or other
Termination of the easement could include but not be limited to, latent construction
defects and/or environmental remediation claims.
10. Default.
A. Default by Grantee. In the event of a default by Grantee in the maintenance,
operation or repair of the Pedestrian Bridge, Grantor shall give written notice to
Grantee, specifying the nature of such default. Grantee shall have a period of ten
(10) days following receipt of said notice in which to remedy the default (or such
longer time as may be necessary and reasonable, provided Grantee shall have
commenced a cure within said 10-day period and is diligently and continuously
prosecuting same); failing which Grantor shall have the right to enter upon the
Easement Area, for the limited purpose of effecting the required repair or
maintenance of the Pedestrian Bridge. Notwithstanding the foregoing, if the default
is of such a nature that an emergency situation arises constituting an unsafe or
unsanitary condition, the period for cure of such default shall be accelerated to a
period of time which is reasonable in light of the nature of the emergency. All costs
incident to curing a default by the Grantee under this subsection A shall be the sole
responsibility and obligation of, and accordingly, shall be borne by,the Grantee.
B. Default by Grantor. In the event of a default by Grantor in the repair of
the Pedestrian Bridge resulting from damage caused by Grantor to the Pedestrian
Bridge pursuant to Grantor's activities under Section 4 hereof, Grantee shall give
written notice to Grantor, specifying the nature of such default. Grantor shall have
a period often (10) days following receipt of said notice in which to remedy the
default (or such longer time as may be necessary and reasonable, provided
Grantor shall have commenced a cure within said 10-day period and is diligently
prosecuting same), failing which Grantee shall have the right to effectuate the
required repair of the Pedestrian Bridge. Notwithstanding the foregoing, if the
default is of such a nature that an emergency situation arises constituting an
unsafe or unsanitary condition, the period for cure of such default shall be
accelerated to be a period of time which is reasonable in light of the nature of the
emergency. All costs incident to repair of the Pedestrian Bridge shall be borne by
the Grantor.
11. Enforcement. In the event it becomes necessary for any party to defend or institute legal
proceedings as a result of the material failure of either party to comply with the terms,
covenants and conditions of this Agreement, the prevailing party in such litigation shall
recover from the other party all costs and expenses incurred or expended in connection
therewith, including, without limitation, reasonable attorney's fees and costs, at all levels.
12. Venue and Jurisdiction. This Agreement shall be governed and construed in all respects
in accordance with the laws of the State of Florida, without regard to its conflict of law's
provisions. Further, all parties hereto agree to avail themselves of an submit to the
personal jurisdiction of the Courts of the State of Florida in Miami-Dade County.
13. Interpretation. No provision of this Agreement will be interpreted in favor of, or against,
any of the parties hereto by reason of the extent to which any such party or its counsel
participated in the drafting thereof or by reason of the extent to which any such provision
is inconsistent with any prior draft hereof or thereof.
14. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and all of which, taken together, shall constitute a
single document.
15. Notices. All notices, demands, requests or other communications required or permitted
to be given hereunder, shall be deemed delivered and received upon actual receipt or
refusal to receive same, and shall be made by United States certified or registered mail,
return receipt requested or by hand delivery, and shall be addressed to the respective
parties at the addresses set forth in the preamble to this Agreement.
16. Entire Agreement: This Agreement constitutes the entire agreement between the parties
hereto relating in any manner to the subject matter of this Agreement. No prior
agreement or understanding pertaining to same shall be valid or of any force or effect,
and the covenants and agreements herein contained cannot be altered, changed or
supplemented except in writing a signed by the parties hereto.
17. Severability. If any clause or provision of this Agreement is deemed illegal, invalid or
unenforceable under present or future laws effective during the term hereof, then the
validity of the remainder of this Agreement shall not be affected thereby and shall be
legal, valid and enforceable.
IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the date first set
forth above.
SIGNATURE PAGES TO FOLLOW
WITNESSES: GRANTOR:
,
CITY OF MIAMI B . ,LORIDA,
A municipal co e at' fe The State of
Florida
�`1- �: -
By:
Sign — Name: P ip Ad/-
6/1/ /2' _/�® Title:
1 tic .y •
Print Name APPROVED AS TO
f/et- / ;>:, FORM & LANGUAGE
& FOR EXECUT "
Sign —� //,.
(Pc,�r,c k D.Carat" 4 /t. � , / .
Print Name C' Attorney e
ATTEST: .
By: 11 It I
Name: Rafael E. Granado
Title: City Clerk.
STATE OF FLORIDA )'
COUNTY OF MIAMI-DADE ) d
The foregoing instrument was acknowledged before me this O day of
IfeVe 7,�,- , 2016, by Philip Levine, as Mayor, and Rafael E. Granado, as City Clerk, of the
CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on
behalf of such municipal corporation. They are personally known to me or produced valid
Florida driver's licenses as identification.
__ s"f<V,,
Notary Public, State of Florida
My commission expires:
'h IJIJA CAADILLO
_` `•'*i MY COMMISSION#FF 155322
ra
;���;a EXPIRES:August 27,2018
,f of V.1-P' Bonded Thru Notary Public Undewntere
WITNESSES: G TEE
BETSY Re OWNER, LLC,
A Delawar-Mtho
Sign Name: 6• Vii^ .PPyL
/ Title: p�W-
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Print
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Sign
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Print Name
qe, Notary Public State of Florida
STATE OF FLORIDA ) Shauyn So to
a My Comnxaslon FF 273630
)SS: 0,w Expirea03/25/2019
COUNTY OF MIAMI-DADS )
n The foregoing instr meat was ac 4owledged before me this day of
(Q )b-/ , 2016, by I .11 j(fl i , as CUB
of BETSY ROSS OWNER, C, a Delaware limited liability company. He is personally known
to me or produced valid Florida driver's licenses as identification.
Ctik-
Notary Public, State of Florida
My commission expires: 0 31 243-0/tj
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ADDITION NO, 2, according to the Plat thereof, as recorded in Plat Book 2, at
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i• EXHIBIT
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COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7341-14
3921 SW 47TH AVENUE, SUITE 1011
IIIII ■ DAVIE, FLORIDA 33314 CLIENT
My CERTIFICATE OF AUTHORIZATION • LB # 6448 THE BETSY SOUTH BEACH
PHONE (954) 689-7766 FAX (954) 689-7799
• LAND DESCRIPTION AND SKETCH Gt
A PORTION OF SECTION 34 v�
TOWNSHIP 53 SOUTH RANGE 42 EAST
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EASEMENT LOCATION
LOCATION MAP
NOT TO SCALE
REVISIONS DATE WPC OWN—CKD) PROPEASY ADDRESS '
� LAND DESCRIPTION
IAND OESCROTON a 5XETCH 07/07/I5 ---- AV RFC ' & SKETCH FOR 1433 COLLINS AVENUE
RE'yt51o1 PER COVUEHTS ,O7/14/IS --- REC NEC RIGHT-OF-WAY
AND AIR SCALE: N/A
RIGHTS
EASEMENT (SHEET 1 OF 3
COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 7341-14
3921 SW 47TH AVENUE, SUITE 1011
• i2: DAVIE, FLORIDA 33314 CLIENT :
CERTIFICATE OF AUTHORIZATION : LB # 6448
THE BETSY SOUTH BEACH
PHONE (954) 689-7766 FAX (954) 689-7799
LAND DESCRIPTION AND SKETCH
LAND DESCRIPTION:
A PORTION OF THAT 20 FOOT ALLEY LYING WITHIN BLOCK 19 OF "OCEAN BEACH ADDITION NO. 2".
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 56 OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT SPACE BETWEEN AN ELEVATION OF 24.41 FEET (LOWER LIMIT) TO AN ELEVATION OF 50.91 FEET
(UPPER LIMIT) WHOSE HORIZONTAL LIMITS ARE DEFINED BY THE VERTICAL EXTENSION OF THE FOLLOWING
DESCRIBED PARCEL :
COMMENCE AT THE NORTHEAST CORNER OF LOT 20, OF SAID BLOCK 19;
THENCE SOUTH 07'30'59" WEST ALONG THE WEST RIGHT OF WAY UNE OF SAID 20 FOOT ALLEY, A
DISTANCE OF 35.53 FEET TO THE POINT OF BEGINNING AND A POINT ON A TANGENT CURVE CONCAVE
TO THE SOUTHWEST:
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10 FEET. A CENTRAL
ANGLE OF 180'00'00" AND AN ARC DISTANCE OF 31.42 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY LINE OF SAID 20 FOOT ALLEY:
THENCE SOUTH 07'30'59" WEST ALONG SAID WESTERLY LINE. A DISTANCE OF 13.80 FEET TO A POINT
ON A TANGENT CURVE CONCAVE TO THE NORTHEAST:
THENCE SOUTHWESTERLY ALONG THE.ARC'OF SAID CURVE HAVING A RADIUS OF 10 FEET, A CENTRAL
ANGLE OF 180'00'00" AND AN ARC DISTANCE OF 31.42 FEET TO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF SAID 20 FOOT ALLEY;
THENCE NORTH 07'30'59" EAST ALONG SAID WESTERLY UNE. A DISTANCE OF 13.80 FEET TO THE POINT
OF BEGINNING.
THE AFOREMENTIONED ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988
(NAVDBB).
THE LOWER AND UPPER LIMITS TOGETHER WITH THE COURSES AND DISTANCES DEFINE THIS
• RIGHT-OF-WAY AND AIR RIGHTS EASEMENT.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY, FLORIDA.
NOTES:
1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF--WAY, •
EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD.
3. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH.
4. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
5. BEARINGS SHOWN HEREON ARE ASSUMED.
CERTIFIED TO: THE CITY OF MIAMI BEACH
L HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION AND SKETCH" 1S
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS
PREPARED UNDER MY DIRECTION IN JULY. 2015. I FURTHER CERTIFY THAT
THIS "LAND DESCRIPTION AND SKETCH" MEETS THE MINIMUM TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS
NOTED HEREON.
FOR THE FIRM, BY:
LAND DESCRIPTION; CERTIFICATION RICHARD E. COUSINS
PROFESSIONAL SURVEYOR AND MAPPER
AND NOTES • FLORIDA REGISTRATION NO. 4188
REVISIONS DATE - FB/PG DWN CKD' LAND DESCRIPTION PROPPERTT ADDRESS
LAND DESCRLPRON t SRE1C11 07/07/15 ---- AV REC & SKETCH FOR 1433 COLLINS AVENUE
REVISION PER COYYENES 07/14/15 ---- REC REC RIGHT-OF-WAY
AND AIR (SCALE: N/A )-
RIGHTS
■ EASEMENT ( SHEET 2 OF 3
•
•
COUSINS SURVEYORS & ASSOCIATES, INC: (PROJECT NUMBER : 7341-14 )
3921 SW 47TH AVENUE, SUITE 1011 CLIENT
i/„ DAVIE, FLORIDA 33314
W/ PHONE (954) 689-7 662AFAX (95) 6894 7799 THE BETSY SOUTH BEACH
� LAND DESCRIPTION AND SKETCH
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TB/PG FIELD BOOK AND PAGE O .
FOB POINT OF BEGINNING d 'j
POC POINT OF COMMENCEMENT I
P.B. PLAT BOOK ., 1
POT POINT OF TERMINATION •
M/D.C.R. M14MI/DADE COUNTY RECORDS' I•,
44 I
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I
I
SKETCH TO ACCOMPANY LAND DESCRIPTION
r REVISIONS DATE FB/PG DWN CKDN LAND DESCRIPTION PROPERTY ADDRESS :
LAND DESCRIPTION&SKETCH 07/07/15 ---- Av , REC & SKETCH FOR ( 1433 COLLINS AVENUE .
REVISION PER COMMENTS 07/IN/15 ---- REC REC RIGHT-OF-WAY
AND AIR ( SCALE: 1" = 10' )
RIGHTS •
N 1
EASEMENT (SHEET 3 OF 3 )
•
. t
ii EXHIBIT .
_ I180111001i011111110901111101Il0il0100111011001 .••
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tqam...vozwaketwnti- I. Id OR,'k 295Q5,f�0.3960 3267 L(.P.sI il)
HISTORIC PRESERVATION BOARD RECORDO 3'4/29/:415 1.1019H01
HARVEY RUVU1r CLERK OF COURT
City of Miami Beach, Florida 111AtlI-DOE COUNTY, FLORIDA
MEETING DATE: February 11, 2014
•
C7:GTIFICATION
THiS IS TO CERTIFY THAT THE ATTACHED DOCUMENT
IS A TRUE AND ACCIIRATE COPY OFTHE ORIGINAL ON • l
FILE NO: 7414 FiLEINT OFFICE OF • -NNUIGDEPARTMENT,.
•
SI.aa reatP,,.,piitelmwD ',r {OAs) 1$os
arsdnepy known toED '.rPrrt' iID: a S o
PROPERTY: 1440 Ocean Drive& A', 'i.+_.e A.,--'old' v. 2
Notare ai,eofFlorida Larpe 4,ro z 9
1433 Collins Ave NataliAE Wit 3 "3- Y 0,I,(,
Wry Cenirr an Exphes:(Seal) 1d2
2
This downed midis U sips. g Iv
LEGAL: 1440 Ocean Drive:
Lot 1, less the north 13 feet&Lot 2,Block 19 of Ocean Beach Addition no,
• 2, according to the plat thereof, ae recorded in Plat Book 2 at page 56 of
the public records of Miami-Dade County, Florida. •
1433 Collins Avenue:
Lots 18& 19, Block 19, Ocean Beach, Fla., Addition No, 2, According to
the Plat Thereof, as Recorded in Plat Book 2, Page 56, of the Public
Records of Miami-Dade County, Florida,
iN RE: The application for a Certificate of Appropriateness for the partial •
demolition, renovation and restoration of the existing 3-story Carlton Hotel
located.at 1433 Collins Avenue, including the construction of a new 1-
story ground level addition located at the north side of the property, a new
4-story ground level addition located at the south side of the property and
a new 1-story rooftop addition. Additionally, the applicant Is proposing to
construct a pedestrian bridge connecting the Carlton Hotel and the Betsy
Hotel, at the third levels, The new pedestrian bridge is proposed to be .
located above the public alleyway. Alterations to the exterior of the Betsy
Hotel located at 1440 Ocean Drive are limited to the pedestrian bridge
and alley Improvements.
ORDER .
The applicants, Betsy Ross Owner, LLC and Ocean Court, LLC, filed an applicatio '
City of Miami Beach Planning Department for a Certificate of Appropriateness. u��Y`1 car })roG
The City of Miami Beach Historic Preservation Board makes the following FINDINe'.eF i - , N .
based upon the evidence, information, testimony and materials presented at the p .� N. .',s►.
and which are part of the record for this matter: y'%1140a'�`�"�,P/
°o`ou./r, ,
I
page tof8
HPB Fife No.7414
• Meeting Date:February 11, 2014
I
A. The structures are classified as 'Contributing' in the Miami Beach' Historic Properties
Database-and are located within the Ocean Drive/Collins Avenue Local Historic District,
B. Based on the plans and documents submitted with the application, testimony and
information provided by the applicant,and the reasons set forth In the Planning Department .
Staff Report, the project as submitted is 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'&'d'In Section 118-564(a)(2)of the '
Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria 'b', 'g' & 'J'
in Section 118-564(a)(8) of the Miami Beach Code, and Is consistent with Certificate of
Appropriateness Criteria for Demolition in Section 118-564(t)(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 elevation, 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 design for the west elevation of proposed 4-story southwest addition, shall be
further developed and refined, In a manner to be reviewed and approved the
Board.
•
b. The design, details, and finish materiel for the proposed bridge element
. connecting the Carlton Hotel with the Betsy Hotel shall be further developed and .
refined, in a manner to be reviewed and approved by the Board.
c. The west elevation of the Carlton Hotel, inclusive of the-corner elements and front
porch, shall be fully restored, In a manner consistent with available historical .
documentation, In a manner to be reviewed and approved by staff consistent with
the Certificate of Appropriateness Criteria and/or the directions from the Board. •
d, The proposed permanent awnings located on the west elevation of the Carlton
Hotel shall not be permitted. The original eyebrow features located to the side of
the entrance shall be reconstructed, according to available historical
documentation and may be somewhat increased in depth In a manner to be .
-.44reviewed and approved by staff consistent with the Certificate of Appropriateness
^r ..;.,:. rlteria and/or the directions from the Board.
•
r; f�; e„%...;'�”, ?I e;,erig?nal Bain iabty of tl e^ rlton Hotel shall be fully restored in accordance
f. ,:�} V 1:�.
t>1' " If�i;available historical docifrniet a inniend all original materials shall be retained
,111,4_ :°' stored, In a manner to be reviewed and:approved by staff consistent with
ti.W.; i tti ertificate of Appropriateness Criteria and/br'fhg.directions from the Be- o ''`oky Iv,
• 7; i' _ .. J.1>--civac a:
Ei
'f. f lyr61'details of Jl:'`exterior surface finishes and materials shall be ri Iret3,`'1 ,--sI
nner to be reviewed and'approved by staff consistent with.the-I e ific j ,�J
Appropriateness Criteria and/or' he directions from the Board; �' ��6�"'�f� 5r°'if
•issuance on a building permit. • • • 4'coul-scit,,;i
Page 3 of 8
HPI3 File No. 7414
Meeting Date; February 11,2014
g. Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and glass shall be required and all new proposed windows shall
substantially match the original window configurations, in a manner to be revlewe.d
and approved by staff In a manner to be reviewed and approved by staff
consistent with the Certificate of Appropriateness Criteria and/or the directions
from the Board.
h. The final design and details of all exterior lighting shall be provided, In a manner
to be reviewed and approved by staff consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board: Interior lighting
shall be designed in a manner to not have an adverse overwhelming impact upon
the historic hotel or the surrounding historic district.
All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly
noted on a revised roof plan and elevation drawings and shall be screened from
view, in a manner to be reviewed and approved by staff, consistent with the
Certificate of Appropriateness Criteria and/or the directions from the Board. Any
rooftop mechanical equipment, structures or screening not shown on the plans
approved by the Board may require lafer Board.approval.
j. A museum quality historic analysis and display of the existing Carlton Hotel
structure, inclusive of a photographic and written description of the history and
evolution of the original building and its changes of use over time, shall be
submitted to and approved by staff, prior to the issuance of a Certificate of
Occupancy or a Temporary Certificate of Occupancy; such historic analysis shall
be displayed prominently within the public area of the historic structure, in a
location to be determined by staff.
k. The applicant shall submit a complete structural report prepared by a structural
engineer registered in the State of Florida for the phased demolition, shoring,
bracing, and stabilization of the historic building,including the methodology for the
• insertion of the new structural system(s), to fully ensure that the structural stability
and integrity of the historic building and new construction Is preserved both during
and after construction of the new rooftop additions, In a manner to be reviewed by
staff, consistent with the Certificate of Appropriateness Criteria and/or the
directions from the Board, and approved by the Building Department, prior to the
Issuance of a demolition permit.
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.rrnati ;,ir1
from the right-of-way, shall be.clearly Indicated on the site and landscajA-P* .;r- �,
a manner to be reviewed and approved by staff consistent with the rtficate, "t
Appropriateness Criteria and/or the directions:from the Board, J f
FYI; 4, V
• .,Y� 1,, Opp
•
- I
. I
Page 4 of 8 _.—..__ - — - ------------- - -- — '- -
HPB File No.7414
Meeting Date: February 11, 2014 •
• m. Prior to the issuance of a Certificate of Occupancy, the Architect for the project •
architect shall verify, In writing, that the project is consistent with the elevations,
floor plans, site plan and landscape plans approved by the Planning Department •
for Building Permit.
2. Ownership verification for the triangular parcel located along 14Th Place, Identified by the
Miami-Dade County Property Appraiser as Folio: 02-3234-008-0730, shall be required,
subject to the approval of the Planning Director and City Attorney prior to the issuance of
a Building Permit.
3. A revised landscape plan,prepared by a Professional Landscape Architect,registered in
the.State of Florida, and corresponding site plan, shall be submitted to and approved by
staff, The species type, quantity, dimensions, spacing,,location and overall height of all
plant material shall be clearly delineated and subject to the review and approval of staff.
At a minimum, such plan shall incorporate the following:
•
a, The following conditions shall not supersede the Florida Department of
Transportation plans approved and currently under construction for Collins •
Avenue from 5th Street to Lincoln Road.
b. Street trees shall be required along Collins Avenue, placed with a minimum 36"
clear space between the tree trunk and the back of curb, In a manner to he
reviewed and approved by staff consistent with the Certificate of Appropriateness
Criteria and/or the directions from the Board.
•
c, Silva Cells in tree pits, with the City Standard black and white bound aggregate
system and fertilization trench, irrigation, and-two(2) up-lights per City standards,
shall be required for all street and shade trees,in a manner to be reviewed and
•
approved by staff consistent with the Certificate of Appropriateness Criteria
and/or the directions from the Board.
d. The utilization of root barriers and/or Silva Cells, as applicable, shall be clearly •
delineated on the revised landscape plan.
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 applicant shall verify, prior to the Issuance of a Building Permit, the exact
location of all backflow prevention devices. Backflow prevention devices shall
not be permitted within any required yard or any area fronting a street or
sidewalk, unless otherwise permitted by the Land Development Regulations.
The location of all backflow prevention devices,and how they are screened from
the right-of-way, shall be clearly indicated on the site and landscape paps c r�•'1,h,
shall be subject to the review and approval of staff.The fire 2� n, •„ - "eo
shall require a post-indicator valve (PIV)visible and accessible from t re,�e•rt. -n,
4 , m
•
•
Page 5of8
HPB File No. 7414 ------ -- ------- _._—_.__... --------._.-._ ,
Meeting Date: February 11, 2014
g, The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all post-indicator valves (PIV),fire department connections (FDC) and
all other related devices and fixtures, which shall be clearly indicated on the site
and landscape plans, in a manner to be reviewed and approved by staff
consistent with the Certificate of Appropriateness Criteria and/or the directions
from the Board,
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
In a manner to be reviewed and approved by staff consistent with the Certificate
of Appropriateness Criteria and/or the directions from the Board.
i. Prior to the Issuance of a Certificate of Occupancy, the Landscape Architect for
the project architect shall verify, in writing, that the project Is consistent with the
site and landscape plans approved by the Planning Department for Building
Permit.
4. All building signage, with the exception of historic signage, shall be composed of flush
mounted, non-plastic, individual letters and shall require a separate permit.
5. The final exterior surface color scheme, including color samples, shall be subject to the
review and approval of staff and shall require a separate permit.
6. A traffic mitigation plan, which addresses all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if required, shall
be submitted prior to the issuance of a Building Permit and the final building plans shall
meet all other requirements of the Land Development Regulations of the City Code.
7. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code(FAG).
8. A traffic mitigation plan, which addresses all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if required, shall
be submitted prior to the issuance of a Building Permit and the final building plans shall
meet all other requirements of the Land Development Regulations of the City Code.
9. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code(FAC). •
�
10. The project shall comply with any landscaping or other sldewalWstreet�,
standards as may be prescribed by a relevant Urban Design Master Plan . ' i'ov�`d F1-1.6`s%,
to the completion of the project and the issuance of a Certificate of Occult.) + y.g'';'
ai
11. - The applicant may be required to submit a separate analysis for wa '��(k, �1 'k 19r k°
requirements, at the discretion of the Public Works Director, or designee. :Ned-or?„-Li
a
• C>c
•
Page&QL8
HPB File No.7414
Meeting Date: February 11,2014
preliminary review of the proposed project, the following may be required by the Public
Works Department: •
a. A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's impact on transportation and
neighborhoods. The study shall address all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, and if
required, shall be submitted prior to the issuance of a Building Permit. The final
building plans shall meet all other requirements of the Land Development
Regulations of the City Code. The developer shall refer to the most recent City of
Miami Beach's Traffic and Neighborhood Impact Methodology as issued by the
Public Works Department.
b. Remove/replace sidewalks, curbs and gutters on all street frontages, If
applicable. Unless otherwise specified, the standard color for city sidewalks is
red,and the standard curb and gutter color is gray.
c. Mill/resurface asphalt in rear alley along property,if applicable.
•
d. Provide underground utility service connections and on-site transformer location,
if necessary. •
e. Provide back-flow prevention devices'on all water services,
•
•
f. Provide on-site, self-contained storm water drainage for the proposed
development. •
•
g. Meet water/sewer concurrency requirements Including a hydraulic water model
analysis and gravity sewer system capacity analysis as determined by the
Department and the required upgrades to water.and sewer mains servicing this
project.
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".
J. Right-of-way permit must be obtained from Public Works.
k. All right-of-way encroachments must be removed,
I. All planting/landscaping:in the public right-of-way must be approved by the Public
Works and Parks Departments. •
r„a.-.e,,..y
12. Satisfaction of all conditions is required for the Planning Department to i+� uN)-
approval on a Certificate of Occupancy; a Temporary Certificate of 0cc CY°1t c'06
Partial Certificate of Occupancy may also be conditionally granted. l annt ,
u
Departmental approval. 4 'L
y m u(WIY T T`I
•
•
Page7of8 •
HPB File No.7414
Meeting Date: February 11,2014 •
13. The Final Order shall be recorded In the Public Records of Miami-Dade County,prior -
to the issuance of a Building permit.
14. 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.
15, The 'conditions of approval herein are binding on the applicant, the property's
owners,operators,.and all successors In Interest and assigns.
16. 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. 1-16 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, "Carlton Hotel", as•prepared by Shulman +
Associates,dated 12/18/13.
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the plans approved by the Board, modified in accordance with the
conditions set forth in this Final Order, No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance; as set forth In this Final
Order, have been met.
•
The issuance of this Certificate of Appropriateness does not relieve the applicant from obtaining
all other required Municipal, County and/or State reviews and permits, including final zoning
approval. If adequate handicapped access Is not provided on the Board-approved plans, this
approval does not mean that such handicapped access is 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 oftft
date at which the original Certificate of Appropriateness was granted, this 4.i1cai f o`\
Appropriateness will expire and become null and void, If the Full Building Permit f r€fr e pr t ,
should expire for any reason (including but not limited to construction not com `ehcin `t
continuing, with required inspections, in accordance with the applicable Buildin �� .. A/
i(OD� ST/4'
Certificate of Appropriateness will expire and become null and void. ` �Q�Fr,•e
I
0p: .. 1E4 K 29'39'5 P6 73 96 7
iLA:Fi"N PAGE •
Page 8 of 8
HPB File No, 7414
Meeting Date: February 11,2014
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 and development
regulations of the City Code. Failure to comply with this Order shall subject this Certificate of
Appropriateness to Section 118-564, City Code,for revocation or modification of the Certificate
of Appropriateness. .
Dated this 14 day of_iiPICt,C4 ,20\ .
HISTORIC PRESERVATION BOA`.i
THE ' OF MIAMI II.EACH, F • 11A
I
BY: ) ,
THOM" R.MOON 'Y,AICP v /
• ACTING PLANNING DIRECTOR
FOR THE CHAIR
STATE OF FLORIDA -)
)SS
COUNTY OF MIAMI-DADE ) -
The rpregoing Instrument was acknowledged before me this LL( ' day of
Qrc-4, 20 A by Thomas R. Mooney,Acting Planning Director, Planning
Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the
corporation. He is personally known to me. / ,Q n- . i
WALOHYSJ.R000Lt �+ ,�''"��1,1 �. m9Q;
�' �`to MYOOMMISSION#FF839521 NOTARY P I2 C
t '. EXPIRES:JUL 24,2017 Mlaml-Dade County, Florida
c. .'- Bandar!(bre h 1st Stale Insurance My commission expires: 1--7.L(-I1-
Approved As To Form: /
Legal Department: • 7 ' ( 3- /3 —id/ )
Filed with the Clerk of the Historic Preservation Board on 3414-N ( "W A )
awe:OF FLOO IDJ\C n 11'Y Ar I } a�y11 7.
F:\PLAN1$HPB114 HPB\Feb14 17414-Fobi4,F0.dnb'dL,' EDYf:ER M1' i t I,�fnooliocopyofVI . '4w� cq
r1i iud lolinihls 1,i.0 dnY of
WITNESS my hand a + • laird 9es1, t °a..
14ARVEY RUVIN,C •;K,'C tto d nay CipolS ,.�� ,4
JOSE PALA 'Os;431'1321 `\
1100111§OIIB1I11II 111E18111l1111111 01011 001111111
CFNI 2O:11. RO2?3:II.aj.a A
OR'Uk 295515 F'ss 3936 •• 3999 (4•aes)
. RECORDED O4/29/20l`5 11H19s01
HARVEY Rt1UIFte CLERK OE COURT
HISTORIC PRESERVATION BOARD i'IT.AIMI-DARE MINTY? FLORIDA
City of Miami Beach, Florida
MEETING DATE: October 14, 2014
CDR TIPICATIOFI
TIIIS IS TO CERTIFY THAT THE ATTACHED DOCUMENT
FiLE NO: 7414 ISA TRUE MAO-CURATE COPY OF THE ORIGINAL ON y3 1;7-
ALE INTII + CE OF THE PLANNING OEPARTMENr. N°v a
C MIAO I BEACH "
IBdt) .d
P an.lty own to ma rProduoetl(D: S a g
PROPERTY: 1440 Ocean Drive& 1433 Collins
Avenue NolaryPaula Siafo al Rorda larggo. r�
PdatodNam ire.s A /VA !L/tea 4
My Commisslan Jos:(Baal) s'2.—j M! 7 /, , Y
nuD dnG mnat aan121ria 4 PL'8 a, {, • 0 •
YpH •'61
•
LEGAL: 1440 Ocean Drive—The Betsy Hotel
Lot 1,less the north 13 feet&Lot 2,Block 19 of Ocean Beach Addition no. •
2, according to the plat thereof, as recorded in Plat Book 2 at page 56 of
the public records of Miami-Dade County,Florida.
•
1433 Collins Avenue—The Canton Hotel
Lots 18 & 19, Block 19, Ocean Beach, Fla., Addition No. 2, According to
the Plat Thereof, as Recorded in Plat Book 2, Page 56, of the Public •
Records of Miami-Dade County, Florida. .
•
IN RE: The Application for a Certificate of Appropriateness for the partial
demolition, renovation and restoration of the existing 3-story Carlton Hotel
located at 1433 Collins Avenue, including the construction of a new 1-story
ground level addition located at the north side of the property,a new 4-story
ground level addition located at the south side of the property and a new 1-
story rooftop addition. Additionally,the applicant is proposing to construct a
pedestrian bridge connecting the Carlton Hotel and the Betsy Hotel, at the
third levels. The new pedestrian bridge Is proposed to be located above
the public alleyway. Alterations to the exterior of the Betsy Hotel located at • •
1440. Ocean Drive are limited to the pedestrian bridge and alley
Improvements. [Approved on February 11, 2014,.with the exception'of the •
Collins Avenue facade of the new structure and the final design and details
of the proposed pedestrian bridge.]
N\1Q ouNryC
• ClFlifl O�
SUPPLEMENTAL ORDER eti flN
The applicants, Betsy Ross Owner, LLC and Ocean Court, LLC, filed an applicatio yt4,1,. •-,nus,vr
City of Miami Beach Planning Department fora Certificate of Appropriateness.
If
Page 2 of 4
HPB File No.7414
Meeting Date: October 14,2014
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 structures are classified as `Contributing' structures In the Miami Beach Historic
Properties Database, and are located within Ocean Drive/Collins Avenue Local Historic
District,
•
B, Based on the plans and documents'.submitted with the application, testimony and
information.provided by the applicant, and the reasons set forth In the Planning Department •
Staff Report, the project as submitted is consistent with the Certificate of Appropriateness
Criteria in Section 118-564(a)(1)of the Miami Beach Code, Is not consistent with Certificate
.of Appropriateness Criteria'a', 'o'&'d'in Section 118-564(a)(2)of the Miami Beach Code, is
not consistent with Certificate of Appropriateness Criteria `b', `c' & `g' in Section 118-
564(a)(3) of the Miami Beach Code, and is consistent with Certificate of Appropriateness
Criteria for Demolition in Section 118-564t0(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 elevation, site plan and floor plan drawings shall be submitted and, at a
minimum,such drawings shall Incorporate the following:
a. Flnal•detaiis and material samples for the pedestrian bridge shall be submitted, in
a manner to be reviewed and approved by staff consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board. •
b. The design for the balcony railings shall be further refined in a less dense manner
and constructed In a material more appropriate to the surrounding historic district,
In a manner to be reviewed and approved by staff consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board,
•
o. A copy of all pages of the recorded Supplemental Final Order shall be scanned
into the plans submitted for building permit, and shall be located immediately after
the front cover page of the permit plans,
2. Satisfaction of all conditions Is required for the Planning Department to give its approval on
a Certificate of Occupancy; a Temporary Certificate of Occupancy or Partial Certificate of
Occupancy may also be conditionally grahted Planning Departmental approval.
3. The Supplemental Final Order shall be recorded in the Public Records of Miami-Daete—
County,prior to the issuance of a Building Permit. couNyl , •
CLCtFH •
4, The Supplemental Final Order is not severable, and if any provision or condition of i IY=d-1 >i
• held void or unconstitutional in a final decision by a court of competent jurisdiction, El or bile 'r 1`1 i •
shall be returned to the Board for reconsideration as to whether the order meets th 'te'tell LLL�
GO Ef�T
for approval absent the stricken provision or condition, and/or it is appropriate to mo r,r
remaining conditions or impose new conditions. �°-='. %'
Page 3 of 4
HPB Flle No.7414 •
Meeting Date; October 14, 2014
5. The previous Final Order dated February 11,2014 shall remain in full force and effect.
6. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
7. Nothing in this order authorizes a violation of the'City Code or other applicable law, nor
allows a relaxation of any requirement or standard set forth In the City Code,
IT IS HEREBY ORDERED, based upon the foregoing findings of fact,the evidence,information,
testimony and materials presented at the 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. 1-7 inclusive)hereof,to which the applicant
has agreed.
PROVIDED,the applicant shall build substantially in accordance with the plans approved by the
Historic Preservation Board,as determined by staff, entitled 'Carlton Hotel', as prepared by
Shulman+Associates, dated May 28,2014.
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the. plans approved by the Board, modified in accordance with the
conditions set forth in this Order. No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance,as set forth in this Order; •
have been met.
•
The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all
other required Municipal, County and/or State reviews and permits, Including final zoning
approval. If adequate handicapped access is not provided-on the Board-approved plans, this
approval does not mean that such handicapped access Is not required. When requesting a
building permit, the plans submitted to the Building Department for permit shall be consistent
with the plans approved by the Board, modified In accordance with the conditions set forth In
this Order.
If the Full Building Permit for the project is not issued within eighteen (18)months of the meeting
date at which the original Certificate of Appropriateness was granted, the Certificate of
.Appropriateness will expire and become null and void..If the Full Building Permit for the project
should expire for any reason (including but not limited to construction not commencing and
continuing, with required Inspections, in accordance with the applicable Building Code), the
Certificate of Appropriateness will expire and become null and void.
In accordance with Section 118-561 of the City Code, the violation of any conditlons-„aad.,,
safeguards that are a part of this Order shall be deemed a violation of the land dev- r+. =
regulations of the City Code. Failure to comply with this Order shall subject the C:fr a F�c'er,
Appropriateness to Section 118-564, City Code, for revocation or modification of thr P U rtif F 2 •
of Appropriateness. T
Y E.1
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Dated this day of OCid f , 20/6(
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LAST PAGE
Page 4 of 4
HPB File No. 7414
Meeting Date; October 14,•2014
•
HISTORIC PRESERVATION BOARD
THE CITY OF MIAMI BEACH, FLORIDA
BY;
DEBORAH TACKETT
PRESERVATION AND DESIGN MANAGER
FOR THE CHAIR .
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE )
The foregoinig Instrument was acknowledged before ins his ____ day of
[7g „f4 - 20/ by Deborah Tackett, Preservation and Deign Manager, •
Planning Department, City of Mian`il Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me.
` J �
?on TERESA MARIA
NOT RY PUBLIC
s4�ns *EXPIREMISSIONIFF042100 Miami-Dade County,.Florida
;. !• EXPIRES:Deasmber 2,2017 p
"rec,,,,dh BardedTtnreadt=lNdary Serrlttt My commission expires:_ ! 9 - A /1
Approved As To Form;
City Attorney's Office: ) /� (/D/S/00/V- )
Filed with the Clerk of. Historic Preservation Board on to- \N )
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