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2017-29919 Resolution RESOLUTION NO. 2017-29919 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT A UTILITY EASEMENT AGREEMENT FROM BERKELEY SHORE, LLC, THE OWNER OF 1610 COLLINS AVENUE, SO THAT THE CITY MAY PROVIDE WATER AND SEWER UTILITY SERVICES TO BOTH THAT PROPERTY AND 230 LINCOLN ROAD; AND TO ACCEPT A UTILITY LINE MAINTENANCE AGREEMENT FROM BERKLEY SHORE, LCC, CAMFORD CORPORATION AND CARIB MALL ASSOCIATES, LLC, AS THE CITY'S WATER AND SEWER LINE SHALL BE MAINTAINED ON PRIVATE PROPERTY AND WHICH UTILITY LINE SHALL BE USED TO ACCESS BOTH 230 LINCOLN ROAD (OWNED BY CAMFORD CORPORATION AND CARIB MALL ASSOCIATES, LLC) AND 1610 COLLINS AVENUE (OWNED BY BERKELEY SHORE, LLC). WHEREAS, on November 12, 2013, Berkeley Shore, LLC obtained the Historic Preservation Approval to redevelop and add to a historic hotel at 1610 Collins Avenue, Miami Beach, Florida then on January 10, 2014, Berkeley Shore, LLC, obtained the Board of Adjustment Approvals; and WHEREAS, the property adjacent to 1610 Collins Avenue is 230 Lincoln Road; and WHEREAS, when both properties were originally constructed, or sometime thereafter, it appears that two properties (230 Lincoln Road and 1610 Collins Avenue) both wound up utilizing a single water and sewer line — despite the properties being owned by two (2) separate entities; and WHEREAS, 230 Lincoln Road provided 1610 Collins with a perpetual access and utility easement to connect to the sewer line located on 230 Lincoln Road's property; and WHEREAS, there is no agreement with the City to provide water and sewer to 1610 Collins Avenue, despite the longstanding connection to the City's water and sewer system; and WHEREAS, ordinarily municipal sewer lines are utilized to connect to one property at a time to the water and sewer main lines; and the City's utility system was not designed to support more than one property from the connection lines branching out from the main lines; and WHEREAS, despite the foregoing, the two properties are connected to the single water and sewer line; and WHEREAS, this unique situation was not discovered until recently, and after all construction has taken place on both properties; and WHEREAS, in order to obtain a certificate of occupancy for the construction authorized for 1610 Collins, Berkeley Shore, LLC, must provide the City with an easement agreement to authorize the City's access to and authorize Berkeley Shore's connection to the City's water and sewer system; and WHEREAS, Berkeley Shore, LLC desires to provide the City with a perpetual right and easement to lay, access, and maintain underground utilities in the area described in Composite Exhibit A, attached hereto (the "Easement Area"); and WHEREAS, the City's sewer line runs through and easement on 230 Lincoln Road; and WHEREAS, to ensure continued service to 230 Lincoln Road, and to allow for service to the constructed improvements at 1610 Collins, the property owners have agreed to maintain the water and sewer line with the easement area located on the property of 230 Lincoln Road; and WHEREAS, attached as Exhibit A to this resolution is the public utility easement provided by the owners of 1610 Collins Avenue to the City, and attached as Exhibit B to this resolution is the maintenance agreement to be provided by the owners of both 230 Lincoln Road and 1610 Collins Avenue, which shall require the owners of 240 Lincoln Road and 1610 Collins Avenue to maintain the water and sewer line that is contained with the public utility access easement area; and WHEREAS, Camford Corporation, a Florida Corporation, and Carib Mall Associates, LLC, a Florida limited liability company, as Tenants in Common, are the owners of 230 Lincoln Road, Miami Beach Florida, 33139; and WHEREAS, Berkeley Shore LLC, is the owner of 1610 Collins Avenue; and WHEREAS, Camford Corp, Carib Mall Assoc., Inc. and Berkeley Shore, LLC are the applicants for the foregoing request to provide the City with a maintenance agreement so that both property shall maintain the water and sewer lines to be installed under the single water line; and WHEREAS, the property owners Berkeley Shore, LLC , Camford Corporation and Carib Mall Associates, LLC, have agreed to design, develop, construct, and maintain the water and sewer lines in the alley which is located along and between the Properties; and WHEREAS, the proposed easement agreement is attached hereto as Composite Exhibit A, and the maintenance agreement is attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission approve and authorize the City Manager approve and authorize the City Manager to accept a utility easement agreement from Berkeley Shore, LLC, the owner of 1610 Collins Avenue, so that the City may provide water and sewer utility services to that property; and to accept a utility line maintenance agreement from Berkeley Shore, LLC, Camford Corporation and Carib Mall Associates, LLC, as the City's water and sewer line shall be maintained on private property and which utility line shall be used to access both 230 Lincoln Road (owned by Camford Corporation and Carib Mall Associates, LLC) and 1610 Collins Avenue (owned by Berkeley Shore, LLC). PASSED AND ADOPTED this day of July, 2017. ATTEST: Philip Lev. e, ) "1: ' &b il � / Rafae E. Granado, City Clerk APPROVED, ✓ APPR AS TO LANGUAGE �� r FORM &LAN \ B - &FOR E UTION , .... ..' „s e \ 45..1'0'1 o .• `'41,<` , City Attorney IN R�' 1ORATE(- 4012 T:WGENDA\2017WulyPUBLIC WORKS\Accept a Utility Easement and Maintenance Agreement for 230 Lincoln Road and 1610 Collins Avenue-RESO.doc Resolutions- C7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT A UTILITY EASEMENT AGREEMENT FROM BERKELEY SHORE, LLC, THE OWNER OF 1610 COLLINS AVENUE, SO THAT THE CITY MAY PROVIDE WATER AND SEWER UTILITY SERVICES BOTH THAT PROPERTY AND 230 LINCOLN ROAD; AND TO ACCEPT A UTILITY LINE MAINTENANCE AGREEMENT FROM BERKLEY SHORE, LCC, CAMFORD CORPORATION AND CARIB MALL ASSOCIATES, LLC, AS THE CITY'S WATER AND SEWER LINE SHALL BE MAINTAINED ON PRIVATE PROPERTY AND WHICH UTILITY LINE SHALL BE USED TO ACCESS BOTH 230 LINCOLN ROAD (OWNED BY CAMFORD CORPORATION AND CARIB MALL ASSOCIATES, LLC) AND 1610 COLLINS AVENUE (OWNED BY BERKELEY SHORE, LLC). RECOMMENDATION The Administration recommends adopting the Resolution. ANALYSIS On November 12, 2013, Berkeley Shore, LLC, as property owner, obtained the Historic Preservation Approval to redevelop and add to a historic hotel at 1610 Collins Avenue, Miami Beach, Florida and then on January 10, 2014, obtained the Board of Adjustment Approvals. The adjacent property is 230 Lincoln Road, which is also under construction and owned by Camford Corporation, a Florida Corporation, and Carib Mall Associates, LLC, a Florida limited liability company, as Tenants in Common. Both properties had been utilizing a single water line and single sewer line, despite the properties being owned by two (2) separate entities. 230 Lincoln Road provided 1610 Collins with a perpetual access and utility easement to connect to the sewer line located on 230 Lincoln Road's property. There is no agreement with the City to provide water and sewer to 1610 Collins Avenue, despite the longstanding connection to the City's water and sewer system. Ordinarily each property would have an individual water service and sewer lateral connected to the municipal system. This unique situation was not discovered until recently and unfortunately the alley between the two buildings is severely congested with regards to underground utilities making the installation of individual service connections nearly impossible. In order to obtain a certificate of occupancy for the construction authorized for 1610 Collins, Berkeley Shore, LLC, must provide the City with an easement agreement to authorize the City's access to the Page 683 of 2495 installed water main. Berkeley Shore, LLC desires to provide the City with a perpetual right and easement to lay, access, and maintain underground utilities in the area described in Composite Exhibit A, attached, (the "Easement Area"). The sewer service line attached to the City's main runs through an e)asting easement within 230 Lincoln Road. To ensure continued service to 230 Lincoln Road, and to allow the service to be shared with 1610 Collins, the property owners have agreed to maintain the shared sewer line. A maintenance agreement memorializing this arrangement must be provided to the City, attached as Exhibit B. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. Legislative Tracking Public Works ATTACHMENTS: Description o Sketch and Legal Description for Utility Easement ❑ Form Approved Utility Agreement-Accept a Utility Easement and Maintenance Agreement for 230 Lincoln Road and 1610 Collins Avenue o Sewer Asbuilt 230 Lincoln Road o Historic Preservation Board - 1610 Collins Avenue ❑ Board of Adjustment- 1610 collins Avenue o Form Approved Resolution o Historic Preservation Board - 230 Lincoln Road Exhibit 1 part 1- June 9 2015 o Historic Preservation Board- 230 Lincoln Road Exhibit 1 part 2- September 10 2013 o Exhibit 2 part 1- Water Main As-Built Survey 1610 Collins Ave o Exhibit 2- part 3- 230 Lincoln -Water As-built ❑ Exhibit 3 part 1- 230 Lincoln-Alley ROW Easement Page 684 of 2495 ;; JOHN IBARRA & ASSOCIATES, INC. ft" Professional Land Surveyors & Mappers ..i \ 777 N.W.72nd AVENUE SUITE 3025,MIAMI,FLORIDA 33126 TELEPHONE:(305)262-0400 I FAX:(305)262-0401 W W W.IBARRALANDSURVEYORS.COM THIS SKETCH IS I SKETCH AND LEGAL DESCRIPTION NOTA SURVEY FOR UTILITY EASEMENT N SECTION 34, TOWNSHIP 53 SOUTH,RANGE 42 EAST FOLIO:02-3234-019-0790 \ / ADDRESS:1610 COLLINS AVE.,MIAMI BEACH,33139 i / - E LINCOLN RD. I s.00'F�Sa�rr45PER $ I FOLIO No.:023234019-0880 I I FOLIO No.:01-3234-019-0860 _,I-I� ORB168 OFG 1869 I 5E0'EA5EIVIM A5 PER I I cor-s 5.�'FAEBv1BJiA5F; l l FOLIO No.:01-3234-019-0800 BLOCK-54) Oi�168�PG 1869 I I _ BLOCK-54 FSS933FG97G I I NORTH LINE OF LOT 4:21._I r; l;y _ +� 251.79' 40.Op' I o m iq 20 EASEMENT AS PER DB—IT T 20'RNJ EASEMENT AS PER 1-. N I I 3622 PG 49 C 20 ALLEY 20 EASEMENT RESERVED EED BOOK 2000 PG 459 I 41 o `EASEMENT AS PER WARRANTY�I I BY ORB 9933 PG 976 AN _ —�a EASEMENT AS PER DEED)�,0 I I a 247.57' I CREATED BY Pb 3622 PG 49 - 40.56' c DEED 223 PG 283 ___— 2 W Q ni 4 0 0 19B°B 6'WIDE UTILITY LOT-4 g' N 3 q d I O° EASEMENT(SEE DETAIL) BLOCK-54 80°26' Q )�O 1.1 0 1 w o —--1 A T N FOLIO No.:01-3234-019-0790 �� y cp 1 ,, ,'^ ORB 28823 PG 4022 I x 2• nc A W Q. I-n 2CI I=-I-y LOT-3 N 'e''2‘1. Q ! Q 4 O 0 S �F.P.SL Z d ' y J OO U BLOCK-54 00 V ~ O m O 0 0 •vi EASEMENT Q a~U O u) _1 „Lie ..I ti d u. n 2zO9Oz wOm Inv O t-O---- Lu m= t=- g. "- V v u /_ o g000" ~ g34b" 00 i 4 " x J tic> r 234.93' LOT-2 1/ Q LOT-21 a BLOCK-541 FOLIO No.:01-3230-013-1300 BLOCK-54 ' 1 I' UTILITY EASEMENT DETAIL N LEGAL DESCRIPTION: ,... ,..,_SCALE: 1"=50' THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF _ _ MIAMI-DADE,STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS: x`.:nx NL w F Y fxE A PORTION OF LOT 4,BLOCK 54,FISHER'S FIRST SUBDIVISION OF ALTON 0 S 0 0 /I BEACH,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, Z LL O Z PAGE 77,PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA. I 00m= LOT-5 — I- I- BLOCK-54 I , COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4,BLOCK 54,THENCE __ �' m 1 40 nn, NORTHEASTERLY ALONG THE EAST LINE OF SAID LOT 4 FORA DISTANCE OF I� „.4 19.27 FEET;THENCE TURN TO THE LEFT AN ANGLE OF 99°34'0”FORA DISTANCE 90.0'0" 80°26'0" + 6.08' OF 144.99 FEET*,THENCE TURN AN ANGLE TO THE LEFT OF 90°0'0"FOR A 146.00' 40.56' 4 DISTANCE OF 6.00 FEET;THENCE TURN AN ANGLE TO THE LEFT OF 90°0'0"FOR �—AV�'_M ———— A DISTANCE OF 146.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 4; 144.99' —1 THENCE TURN AN ANGLE TO THE LEFT OF 80°26'0"FOR A DISTANCE OF 6.08 6�. 90°0'0" 99.34 U• ,N ,, FEET ALONG THE EAST LINE OF SAID LOT 4 TO THE POINT OF BEGINNING. "' 0 -- — — 1 --- — — — — -- — CONTAINING 873 SQ.FT.,MORE OR LESS. N H~O y LOT-3 QC� GRAPHIC SCALE O J UO BLOCK-54 u,0 J U o W m -50 0 25 50 Wom I I �- I- Ci 0 OO (IN FEET) 1 INCH=50 FEET ��� �� 1 HEREBY CERTIFY:THAT THIS"SKETCH AND LEGAL DESCRIPTION"OF THE PROPERTY DRAWN BY: GP .�� OS 14....•• DESCRIBED HEREON,AS RECENTLY DRAWN UNDER MY SUPERVISION,COMPLIES WITH OF P. `Q..4*1I FIC,y1,'��.pp •••i PROFESSIONAL I AND SURVEYORS IN CHAPTER 5J-17,FLORIDA ADMINISTRATIVETHE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE A CODE "_ ' v F'9 . SCALE: 1 50 D.. % PURSUANT TO 472.027,FLORIDA STATUTES. 22 N0.6770 .O} � STATE OF W DATE: 07/12/2017 444;`S' �LORIOP $/ BY: �� 07/12/2017 p••••pNq•L LA�.�' ARLOS IBARRA ( ATET JOB NO: 13-000415-8 4•.q I I®...� PROFESSIONAL LAND SURVEYOR NO.677 „.p RR 6 r.,f 9dgc STATE OF FLORIDA (SURVEY NOT VALID Uls,IMS1T BLARS"E'Iu1BOSSED SEAL OF SHEET: 1 OF 1 L.B.#7806 SEAL ATTESTING SURVEYOR) This instrument was prepared by: EXHIBIT A Name: Alfredo J.Gonzalez,Esq. Greenberg Traurig, P.A. Address: 333 S.E. 2nd Avenue Miami,Florida 33131 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT("Easement Agreement"), is made this day of , 2017, by and among, BERKELEY SHORE LLC., a Florida limited liability company whose address is 1111 Kane Concourse Suite 217 Bay Harbor Islands, FL 33154 (the "Owner" and "Grantor") of the property located at 1610 Collins Avenue, Miami Beach, Florida 33139 (the"Property"), within the City's municipal jurisdiction, the CITY OF MIAMI BEACH, a Florida municipal corporation, as grantee ("Grantee ") and the CAMFORD CORPORATION, a Florida corporation & CARIB MALL ASSOCIATES, LLC, a Florida limited liability company, as Tenants in Common whose address is 4955 SW 83rd Street, Miami, FL 33143 ("Grantee CC") . WITNESSETH: WHEREAS, November 12, 2013, Berkeley Shore, LLC obtained the Historic Preservation Approval to redevelop and add to a historic hotel at 1610 Collins Avenue, Miami Beach, Florida ("Property") then on January 10, 2014, Berkeley Shore, LLC, obtained the Board of Adjustment Approvals; and WHEREAS, the property adjacent to 1610 Collins Avenue is 230 Lincoln Road, Miami Beach, Florida ("Property 2") and collectively known as ("Properties"); and WHEREAS, when both properties were originally constructed, or sometime thereafter, it appears that the Properties both wound up utilizing a single water and sewer line—despite the properties being owned by two (2) separate entities; and WHEREAS, 230 Lincoln Road provided 1610 Collins with a perpetual access and utility easement to connect to the sewer line located on 230 Lincoln Road's property; and Page 686 of 2495 WHEREAS, there is no agreement with the City to provide water and sewer to 1610 Collins Avenue, despite the longstanding connection to the City's water and sewer system; and WHEREAS, ordinarily municipal sewer lines are utilized to connect to one property at a time to the water and sewer main lines; and the City's utility system was not designed to support more than one property from the connection lines branching out from the main lines; and WHEREAS, despite the foregoing, the Properties are connected to the single water and sewer line; and WHEREAS, this unique situation was not discovered until recently, and after all construction has taken place on Properties; and WHEREAS, in order to obtain a certificate of occupancy for the construction authorized for 1610 Collins, Berkeley Shore, LLC,must provide the City with an easement agreement to authorize the City's access to and authorize Berkeley Shore's connection to the City's water and sewer system; and WHEREAS, Berkeley Shore, LLC desires to provide the City with a perpetual right and easement to lay, access, and maintain underground utilities in the area described in Composite Exhibit A, attached hereto (the"Easement Area"); and WHEREAS, the City's sewer line runs through and easement on 230 Lincoln Road; and WHEREAS, to ensure continued service to 230 Lincoln Road, and to allow for service to the constructed improvements at 1610 Collins, the property owners have agreed to maintain the water and sewer line with the easement area located on the property of 230 Lincoln Road; and WHEREAS, the property owners Berkeley Shore, LLC ,Camford Corporation and Carib Mall Associates, LLC, have agreed to design, develop, construct, and maintain the water and sewer lines in the alley which is located along and between the Properties; and WHEREAS, due to the foregoing, the Grantor provides a perpetual utility easement to the Grantee and Grantee CC; and WHEREAS, as a result of the use of the water line by the 230 Property and the 1610 Property, collectively referred to as the "Properties", Grantor provides a perpetual utility easement to the Grantee and Grantee CC; and WHEREAS, Grantor desire to provide the Grantee and Grantee CC with a perpetual right and easement to lay, access, and maintain underground utilities in the area described in Exhibit A,attached hereto (the "Easement Area"); and Page 687 of 2495 NOW THEREFORE, for and in consideration of ten and No1100 dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, the parties hereby mutually covenant and agree as follows: 1. The above recitals are true and correct, and are hereby incorporated into this Agreement. 2. Consideration and Description. Grantor and Grantee CC for and in consideration of the approval by the Grantee to allow the Properties to connect to mutual use line, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants unto Grantee and Grantee CC, its officers, agents, employees, contractors, successors and assigns, a non-exclusive, perpetual and revocable utility easement, under, upon and through the land in Miami-Dade, County, Florida, referenced herein as the Property, as more particularly described on Composite Exhibit A. 3. Term of Easement. This voluntary Easement Agreement shall remain in full force and effect and shall be binding upon the Grantor of the Property, its successors in interest and assigns, for a period of thirty (30) years, and for successive ten (10) year periods thereafter, from the date this instrument is recorded in the public records. This time period will be automatically renewed unless released upon a petition for removal, modification or amendment of condition is approved by an act of the City Commission.The easement and rights granted herein shall be perpetual and shall be possessed and enjoyed by the Grantee and Grantee CC, its successors and assigns, for the purposes stated herein. 4. Rights and Restrictions of Grantor. Grantor shall have the right to full use and enjoyment of the Property, except for such use as may unreasonably interfere with the exercise by the Grantee and Grantee CC of the rights granted herein. Grantor may construct Improvements adjacent to the Easement Area, provided the Easement Area shall not be encumbered by any improvements. Grantor shall not construct, or permit to be constructed, any structure or obstruction on or over the Easement Area, or which otherwise interfere with the access, construction, maintenance of any utility placed within the Easement Area. 5. Amendment. This Easement Agreement may be modified, amended or released as to any portion of the Property by a written instrument executed by the then Grantor(s) of the fee-simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the City Commission. Should this instrument be so modified, amended or released, the City Manager shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. 6. Recording. This Easement Agreement shall be recorded in the Public Records of Miami-Dade County, Florida, at the cost of the Grantor. Page 688 of 2495 7. inspection. It is understood and agreed that any City official has the right, during normal business hours, to enter and investigate the use of the Property, to verify compliance with the conditions of this Easement Agreement and the requirements of the City's building, public works, zoning and land development regulations. 8. Enforcement. An action to enforce the terms and conditions of this Easement Agreement may be brought by the Grantee and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Easement Agreement or provisions of the building, City Code,zoning or land development regulations, either to restrain violations or to recover damages. 9. Jurisdiction, venue and wavier of trial by jury. This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms and conditions herein, exclusive venue for the enforcement of same shall be Miami-Dade County, Florida. This Easement 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 Easement 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 EASEMENT AGREEMENT, GRANTOR, GRANTEE AND GRANTEE CC EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT. 10. Successors and Assigns. This Easement Agreement shall be binding on the successors and assigns of Grantor, Grantee and Grantee CC. 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written. 12. Grantor Representations. Grantor covenant, warrant and represent (i) that Grantor are the fee simple owners of the Utility Easement Property and have the right, title and capacity to grant the perpetual easement granted herein, and (ii) there are no lienholders on the Easement Property. 13. Grantee and Affiliates. Grantee and Grantee CC agrees to release Grantor, from and,to the extent provided by, and subject to the limitations under, Section 768.28, Florida Statutes (as same may be amended from time to time), indemnify them from any and losses,expenses, liens, claims, demands and causes of action of every kind and character for personal injury, property damage or any other liability,damages, fines or penalties, including, costs, attorney's fees and settlement, resulting from, arising out of or in any way connected to the use of the Easement Property by the Grantee or Grantee CC, Grantee's or Grantee CC's Affiliates, guests or invitees of the Grantee or Grantee CC, Page 689 of 2495 except to the extent that the same are the direct result of the negligence or willful misconduct of Grantor,or Grantor'employees, contractors, agents and/or representatives. 14. Easements and Covenants Run with the Land. Each and all of the easements, covenants, obligations and rights granted or created under the terms of this Agreement are appurtenant to the Easement Property. The provisions hereof shall run with the land, shall be binding on and shall inure to the benefit of the parties hereto, their successors and assigns. TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and Grantor will defend the title to the Easement Property against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be executed in their name, and their corporate seal to be hereunto affixed, by their proper officers thereunto duly authorized, the day and year first above written. 'Signatures and acknowledgements appear immediately following. Remainder of page intentionally blank.] Page 690 of 2495 GRANTOR Signed, sealed and delivered in the BERKELEY SHORE LLC. presence of: Print Name: Grantor/Owner MARCELO TENENBAUM, Member, Berkeley Shore LLC. Print Name: Before me, a Notary Public in and for said County and State, personally appeared MARCEL TENENBAUM, member of of Berkeley Shore LLC, who is (are) personally known to me or who has (have) produced as identification and who did not take an oath, and who acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal this day of , 2017. My Commission Expires: Notary Public (Printed) (Type, print or stamp name under signature Title or rank and serial number, if any) [Signatures continued on following page.] Page 691 of 2495 GRANTEE CC: ATTEST: CAMFORD CORPORATION, a Florida corporation & CARIB MALL ASSOCIATES, LLC, a Florida limited liability company, as Tenants in Common GRANTEE: ATTEST: CITY OF MIAMI BEACH City Clerk Mayor 1700 Convention Center Drive Miami Beach, Florida 33139 APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION # \5V1 Irk a City Attorney Dated .4r / City Engineer Dated Page 692 of 2495 Exhibit B. AGREEMENT REGARDING THE MAINTENANCE OF WATER AND SEWER LINES BETWEEN CITY OF MIAMI BEACH 230 LINCOLN ROAD & 1610 COLLINS AVENUE THIS AGREEMENT REGARDING THE MAINTENANCE OF WATER AND SEWER LINES BETWEEN THE CITY OF MIAMI BEACH, 230 LINCOLN ROAD & 1610 COLLINS AVENUE ("Agreement"), dated this day of , 2017, is entered into by CAMFORD CORPORATION, a Florida corporation & CARIB MALL ASSOCIATES, LLC, a Florida limited liability company, as Tenants in Common whose address is 4955 SW 83`d Street, Miami, FL 33143("Developer CC"), BERKELEY SHORE LLC., a Florida limited liability company whose address is 1111 Kane Concourse Suite 217 Bay Harbor Islands, FL 33154 ("Developer B"), and the CITY OF MIAMI BEACH ("City"), a Florida Municipal Corporation whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139. The City, Developer CC and Developer B may also be referred to collectively herein as,the"Parties". RECITALS: WHEREAS, November 12,2013, Berkeley Shore, LLC(Developer B)obtained the Historic Preservation Approval to redevelop and add to a historic hotel at 1610 Collins Avenue, Miami Beach, Florida ("Property") then on January 10, 2014, Developer B, obtained the Board of Adjustment Approvals; and WHEREAS, Camford Corporation and Carib Mall Associates, LLC (hereinafter Camford and Carib collectively"Developer CC")owns the property located at 230 Lincoln Road in the City; and WHEREAS, the property adjacent to 1610 Collins Avenue is 230 Lincoln Road, Miami Beach, Florida ("Property 2") and collectively known as ("Properties"); and WHEREAS, when both properties were originally constructed, or sometime thereafter, it appears that the Properties both wound up utilizing a single water and sewer line—despite the properties being owned by two (2)separate entities; and WHEREAS, 230 Lincoln Road provided 1610 Collins with a perpetual access and utility easement to connect to the sewer line located on 230 Lincoln Road's property; and WHEREAS, there is no agreement with the City to provide water and sewer to 1610 Collins Avenue, despite the longstanding connection to the City's water and sewer system; and WHEREAS, ordinarily municipal sewer lines are utilized to connect to one property at a time to the water and sewer main lines; and the City's utility system was not designed to support more than one property from the connection lines branching out from the main lines; and Page 693 of 2495 WHEREAS, despite the foregoing, the Properties are connected to the single water and sewer line; and WHEREAS, this unique situation was not discovered until recently, and after all construction has taken place on Properties; and WHEREAS, in order to obtain a certificate of occupancy for the construction authorized for 1610 Collins, Developer B, simultaneously with this Maintenance Agreement, provided the City with an easement agreement to authorize the City's access to and authorize Developer B's connection to the City's water and sewer system; and WHEREAS, due to the foregoing, Developer B provides a perpetual utility easement to the City and Developer CC; and WHEREAS, the City's sewer line runs through and easement on 230 Lincoln Road; and WHEREAS, to ensure continued service to 230 Lincoln Road, and to allow for service to the constructed improvements at 1610 Collins, the property owners have agreed to maintain the water and sewer line with the easement area located on the property of 230 Lincoln Road; and WHEREAS,the Developer B and Developer CC, have agreed to design, develop, construct, and maintain the water and sewer lines in the alley which is located along and between the Properties; and WHEREAS, Developer B desire to provide the City and Developer CC with a perpetual right and easement to lay, access, and maintain underground utilities in the area; and WHEREAS, Developer CC & Developer B has received all required design approvals from the City's Historic Preservation Board ("HPE") under the following Orders attached as"Exhibit 1"to construct on the Properties their respective project ("Projects"); and WHEREAS, Developer CC and Developer B has agreed to design, develop, construct, and maintain the water and sewer lines in the alley described in "Exhibit 2" which is located along and between the Properties("Water and Sewer Improvements"), as more particularly described in the survey ("Water& Sewer Improvement Plan") attached as "Exhibit 3"; and WHEREAS, Both the Developer CC and Developer B and City benefit Water and Sewer Improvements are completed as soon as possible; and WHEREAS, Developer CC and Developer B and City have agreed to execute this Agreement for the purpose of memorializing their agreement. AGREEMENTS: Page 694 of 2495 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. Water and Sewer Improvements. The City, Developer CC and Developer B agree that Developer CC and Developer B shall be solely responsible for designing, developing and constructing the Water and Sewer Improvements on behalf of the City for the use by Developer CC and Developer B. Developer CC and Developer B shall direct the construction process and be responsible for entering into all contracts necessary for the construction of the Water and Sewer Improvements and shall secure all required permits and approvals for the Water and Sewer Improvements on its own behalf and, to the extent appropriate, on behalf of the City and with the City's cooperation. 3. 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 Water and Sewer Improvements. In the event that any aspect of said process is not proceeding in accordance with the Water and Sewer 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 A and Developer B in writing, specifying any deviations from the Water and Sewer Improvements Plans and/or any deficiencies in the construction. Developer A and Developer B shall have a reasonable period of time in which to cure the noted deficiencies or provide a satisfactory response. If Developer A and Developer B 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 A and Developer B's cost. Additionally, if within one(1)year after the closure of the building permit for the Water and Sewer Improvements any of the work is found to be defective or not in accordance with the Water and Sewer Improvements Plans, Developer A and Developer B, 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. 4. Warranties. Developer A and Developer B makes no representations or warranties with respect to the Water and Sewer Improvements. Upon closing the building permit for the Water and Sewer Improvements, the Developer A and Developer B shall assign to the City any warranties provided by contractors and subcontractors engaged by the Developer A and Developer B in the construction of the Water and Sewer Improvements. All warranties, if any, for the Water and Sewer Improvements shall be guaranteed and in effect for a period of one (1) year from date the Water and Sewer Improvements are completed as evidenced by the closure of the building permit for the Water and Sewer Improvements. 5. Maintenance of Water and Sewer Improvements. Developer CC and Developer B agree that Developer CC and Developer B shall solely responsible for the cost of any repair or replacement with the Water and Sewer-Improvements on behalf of the City. All Cost of repair or replacement with the Water and Sewer Improvements shall Page 695 of 2495 be funded equally by Developer CC and Developer B. In the event the damage is caused by the City,then the City shall be responsible for any repair or replacement with the Water and Sewer Improvements. This Agreement will survive after the construction of the Water and Sewer Improvements, as long as Developer CC and Developer B are mutually using the Water and Sewer Improvements for the Projects. 6. 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. 7. 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. 8. 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 CC and Developer B and City, any rights or remedies under, or by reason of this Agreement. 9. 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. 10. 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. 11. 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. 12. Developer CC and Developer B and Affiliates. Developer CC and Developer B agrees to release City, from and, to the extent provided by, and subject to the limitations under, Section 768.28, Florida Statutes (as same may be amended from time to time), indemnify them from any and losses, expenses, liens, claims, demands and causes of action of every kind and character for personal injury, property damage or any other liability,damages,fines or penalties, including, costs, attorney's fees and settlement, resulting from, arising out of or in any way connected to the use of the Water & Sewer Improvement Plan, Developer CC and Developer B's Affiliates, guests or invitees of the Developer CC and Developer B, except to the extent that the same are the direct result of the negligence or willful misconduct of City, or City's employees, contractors, agents and/or representatives. Page 696 of 2495 13. Effective Date. This Agreement shall become effective upon the mutual execution hereof. 14. 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 A AND DEVELOPER B AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 15. Severability. If any provisions of this Agreement are held to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired and each remaining provision shall remain in full force and effect. In the event that any term or provision of this Agreement is determined by appropriate judicial authorities to be illegal void or otherwise invalid, said provision shall be given its nearest legal meaning or be construed as deleted as such authority determines and the remainder of this Agreement shall be construed to be in full force and effect. 16. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Developer A and Developer B 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 CC: CAMFORD CORPORATION, a Florida corporation & CARIB MALL ASSOCIATES, LLC, a Florida limited liability company, as Tenants in Common Attn: With Copy To: Greenberg Traurig, P.A. Attention: Alfredo J. Gonzalez, Esq. 333 S.E.21a Avenue Miami, Florida 33131 TO DEVELOPER B: BERKELEY SHORE LLC. Attn: Page 697 of 2495 With Copy To: Greenberg Traurig, P.A. Attention: Alfredo J. Gonzalez, Esq. 333 S.E.2nd Avenue Miami, Florida 33131 TO CITY: City of Miami Beach Attn: Eric Carpenter Public Works Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 6399 With Copy to: City Attorney City of Miami Beach Office of the City Attorney Attn: Eve Boutsis. Esq. 1700 Convention Center Drive 4th Floor Miami Beach, FL 33139 (305) 673-7000 Ext. 6471 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. [Signatures on next page] Page 698 of 2495 [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 BEACH Rafael Granado, City Clerk Jimmy Morales, City Manager Attest: CAMFORD CORPORATION, a Florida corporation & CARIB MALL ASSOCIATES, LLC, a Florida APPROVED AS TO limited liability company, as Tenants FORM&LANGUAGE in Common &FOR EXUTION ity Att• Dot ' 1 Member Attest: BERKELEY SHORE LLC., a Florida limited liability company Marcelo Tenenbaum, Member [Both party signatures notarized on next page] [Continued from previous page] Page 699 of 2495 STATE OF FLORIDA ) } SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2017 by _ , 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 , 2017 Notary Public, State of Florida at Large Commission No,: My Commission Expires: STATE OF FLORIDA ) } SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of , 2017 by ,Member of BERKELEY SHORE 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 ,2017. Notary Public, State of Florida at Large Commission No.: My Commission Expires: [Continued from previous page] Page 700 of 2495 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017 by Member of , 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 , 2017. Notary Public, State of Florida at Large Commission No.: My Commission Expires: Page 701 of 2495 o J GOA 2.15.5907.03 RIGHT) '!i ' SEWER AS-BUILT PLAN ": W ,4 ; 1 AFXCH4ARRIIFINIIIPON NY EL=(27 i 1 _ EL�E'(AN I:32�N CD 119071(17 AP RIGHT) h 230 LINCOLN ROAD I _•/ XAMETINAR I Z ELEVATION INY®4AP {T INY.O.X3 FUTURE RETAIL I W R + SSTREET-RNAngpOIN OF CA SIAM-6408 0.43 RINE F.F.E=7.0' STA 0.23.74(10.20 RIGHT) ` NEVA COLLINS AWF-3S EAST DNA 11 Ar , STA I957/(1133 NEE - 4'GRAN WA3T[IAIIRAI POINT OF CONNECTION k ,^" J 1A Sill MANHOLE INV EL=1.7f COXNECI016'NB"WYE - OESCRIPOON PF NAIL Ale ALUMINUM WASIIEA IN COXC CATCH AISIX 5; RIM:692' }, 1O EXIST.O'SAN.SEWER INK 11. 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M'HOLE 5101.0730033 AIGN71 STAMEN(B 32 RICN0 CONNECIOIG'B"NYF l o. NNfi_A09 9 INV FI�.A'� 4VE TRU:L IP SIN.SEWER _........,,a^.. � NY H 0'�5 RENO IQf(NS' INY.EL=101 _ -'IAN FL-0& = IIH _ 1 TIILEIAY0=L1fi- ..,.. INV.FL A / %r RION GUM 0 _~ z �a 5 51 I I `r 1� r� 1_4' 4 3 I 3 1, P , r�I i 2 t1 0 ' I MINS! ) ou. 1 1 -II 1 I P ,-211 I• 174.IILF Li"(C-90E)PV.G-SANITARY SEWER - SANTARV SEWER PROFILEC 2 L ! 1111111111111111111111111111111111111111I1 CF'I-t 2=:J _-4-1F 02954A-_r1L PA' s. . 5. Of, �, ._ .55 5 RECORDED 04•/24/2014 10.20=56 HARVEY RE1VJM CLERE,. OF cou i• HISTORIC PRESERVATION BOARD � r�i1z } �� ift(#ii f► FLORIDA City of Miami Beach, Florida MEETING DATE: November 12, 2013 CUTI•ICATiON ���fluor AlTACIO)MEW FILE NO: 7373 �E�iPEa�CEryay, ��/�onEir, �( �N� - e*cis ! ,t1 - N to CipIM aE PWdnebreiorr 'atm) // Persmuhteemm a me or Piedjc ID: -41 PROPERTY: 1610 Collins Avenue ' , i -- t pot PAAOidNilnr 'WtXIS "1" K.ili() t #igormSsiolEmres:ISs I -6) flys doamnlnt coataMs _yogis. LEGAL: Lot 3 and south % Lot 4, Block 54 of Alton Beach 1' Subdivision, According to the Plat Thereof, as Recorded in Plat Book 2, Page 77, 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 building, cotwrr including the construction of a new 10-story addition. P �tizar yo /a. ORDER y m we ato'<z9Q ,Ibe applicant, Berkeley Shore, LLC, filed an application with the City of Miami Beach Planning iepartment 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 Ocean Drive/Collins Avenue 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 consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria `b'& `e' in Section 118-564(a)(3) of the Miami Beach Code, and is consistent with CertificatePeeA7 8Wgness Criteria for Demolition in Section Page 2of7 HPB File No. 7373 Meeting Date: November 12, 2013 11 8-564(f)(4)of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. Revised 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 new 10-story tower addition shall be consistent with `Option 02' as proposed by the applicant, 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 applicant shall further develop and refine the east facade. Specifically, the applicant shall introduce a vertical element into the proposed new tower, which recalls the rhythm of the vertical element on the east elevation of the historic Berkeley Hotel. This feature may incorporate a spandrel glass element, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. c, The exterior facades of the east, north and south elevations shall incorporate precast concrete panels, 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 final design details of all exterior surface materials and surface finishes, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. e. The original one-story structure located on the south elevation just west of the lobby shall be retained or recreated in accordance with all available historic 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. f. The proposed bathrooms within the original lobby space shall not be permitted where proposed but shall be located to be contained within the recreated one story portion of the original hotel adjacent to the southeast corner of the original lobby, in a marner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. g. Fully detailed elevation and floor plan drawings for the lobby of the structure shall be submitted. Such lobby areas shall be restored and preserved, including the p GNty original reception counter, in accordance with all available historic documentation, P Catic Dc. in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. V •0,0 vaiko i.• A museum quality historic analysis and display of the existing structure, inclusive 4't c 2 of a photographic and written description of the history and evolution of the �-- - original building and its Otegrig1031 of 2495 over time, shall be submitted to and approved by staff, prior to the issuance of a Certificate of Occupancy or a Page 3 of 7 HPB File No. 7373 Meeting Date: November 12, 2013 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. i. The design and of all feature all exterior lighting shall be provided, in a manner to be reviewed and approved by staff the Board. Exterior lighting shall be designed in a manner to not have an adverse overwhelming impact upon the historic hotel structure or the surrounding historic district. j. The applicant shall submit a complete structural report for the shoring, bracing, and stabilization of the building during the removal and replacement of the second floor slab, prior to the issuance of a demolition permit. k. A screening plan for all roof-top fixtures and mechanical devices shall be required. 2. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and in a manner to be reviewed and approved by staff consistent with the directions from the Board and/or the Certificate of Appropriateness Criteria. 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 5`h 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 be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. c. 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. d. The utilization of root barriers and/or structural soil, as applicable, shall be clearly delineated on the revised landscape plan. e. 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 �o cotrnfry fronting a street or sidewalk. The location of backflow preventers, siamese pipes a P ���"" c°a or other related devices and fixtures, if any, and how they are screened with r '� landscape material from the right-of-way, shall be clearly indicated on the site and r , pci landscape plans in a manner to be reviewed and approved by staff consistent with ,� -�DWE,Weet, the Certificate of Appropriateness Criteria and/or the directions from the Board. CO"O f. Prior to the issuance of aPCertifi ate of Occupancy. the Landscape Architect for q., ‘714, the project architect shall I t R ' iti , that the project is consistent with the (to Page 4 of 7 HPB File No. 7373 Meeting Date: November 12, 2013 site and landscape plans approved by the Planning Department for Building Permit. 3. All building signage shall be consistent in type, composed of flush mounted, non-plastic, individual letters and shall require a separate permit. 4. The final exterior surface color scheme, including color samples, shall be in a manner to be reviewed and approved by staff consistent with the directions from the Board and/or the Certificate of Appropriateness Criteria and shall require a separate permit. 5. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 6. 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, tile-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. Mili/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. ,/ ctiOE o4 g. :eet water/sewer concurrency requirements including a hydraulic water model (§ a� nalysis and gravity sewer system capacity analysis as determined by the 3 . i,).n epartment and the required upgrades to water and sewer mains servicing this i �. o project. 41b€Z0 4 h. Payment of City utility impact fees for water meters/services. Page 706 of 2495 Page 5 of 7 HPB File No. 7373 Meeting Date: November 12, 2013 i. 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, All planting/landscaping in the public right-of-way must be approved by the Public Works and Parks Departments. 7. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein, as well as by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by otiger 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. 8. The Final Order, when issued, shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. 9. 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. 10. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 11. 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. 1-11 inclusive) hereof, to which the applicant has agreed. couetk PROVIDED, the applicant shall build substantially in accordance with the plans approved by t, .P ctee ob Historic Preservation Board, as determined by staff, entitled "Option 02, The Berkeley She c"S\ Hotel"as prepared by ADD Inc, Architecture + Design, dated August 19, 2013. ' r:44 `',40viko q When requesting a building permit, the plans submitted to the Building Department for per ,o shall be consistent with the plans app y cfjdwoti�gggoard, modified in accordance with the e'9°!'' Page 6 of 7 HPB File No. 7373 Meeting Date: November 12, 2013 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 of the meeting date at which the original Certificate of Appropriateness was granted, this 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), this Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject this Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriateness. (or i Dated this day of 9 " , 20 t3 HISTORII PRESERVATI• BOARD]j / ' THE CITY F MIAMI DE'I'll H, FLORtb BY: I ___,''r THOM 7- R. MOONEY, AICP V DESIGN AND PRESERVATION MANAGED FOR THE CHAIR 0 coGN4, ,P 4EERK 00� STATE OF FLORIDA ) N )SS U . e COUNTY OF MIAMI-DADEigioto„ e The foregoing instrument was acknowledged before me this 0202x/C day of ``-� 200_ by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami B0 ft berida5Florida Municipal Corporation, on behalf ti OR Bk 29123 PG O65°=.a L_..i43l PAGE Page 7 of 7 HPB File No. 7373 Meeting Date: November 12, 2013 of the corporation. He is personally known to me. z <._______ iia`.°;Pig, TERESA MAFIA R ' * MY COMMISSION II DD 928148 NOTARY PUBLIC EXPIONS:Deeember 2,2013 Miami-Dade County, Florida '4,� , DundedThni udaetNerary£cFvi;ss •GFfL� My commission expires: 04-- il, —2/53 Approved As To Form: Legal Department: 40 " ( ( /1-7-1---i } Filed with the Clerk of the Historic Preservation Board on 11-2L-t3 { ) F:IPLANI$HPB\13HPBlNovl3t7373-Nov2013.FO.docx t ATE OF FLORIDA.COUNTY OF DADE �p COUk� HEREBY CERTIFYriR is a true cop ,tih curl �C` 7 naJ Tried on fhr o 0n day°, •� N ck �. , , A0 20 U , ,' 1 "NES ' ilSand an ItrcraJ Seat. 4.10'r c. f< E) IA V /j. VIN.CLER of r t C r ► ,a4 0 s:,•r••wR muer 04 i C001' 911 ir V 1 111111 1 111 1 11111 11111 11111 11111 11111 1111 1111 CEN 20148032.4-688 OR Bk 29138 P9s 4434 4443; (5p9s) RECORDED 05/06/2014 11:07:53 BOARD OF ADJUSTMENT HARVEY R11VINr CLERK. OF COURT MANI-DADE cowry, FLORIDA CITY OF MIAMI BEACH, FLORIDA PROPERTY: 1610 Collins Avenue FILE NO. 3649 IN RE: The application to waive the required minimum hotel unit size within an existing `Contributing' structure, a variance to waive the required minimum hotel unit size of the reconstructed units, a variance to waive all of the required rear parking setback to build the paving up to the rear property line, a variance to waive the required interior two-way drive aisle width, a variance to waive the minimum required rear pedestal setback to build a car loading platform and steps, a variance to waive the minimum required south interior side yard pedestal setback to build a pedestrian access ramp, a variance to waive the minimum required north interior side yard tower setback, and a variance to waive the minimum required south interior side yard tower setback in order to permit the renovation of the existing hotel and the construction of a new 10-story hotel addition at the rear of the property. LEGAL DESCRIPTION: Lot 3 and south Lot 4, Block 54 of Alton Beach 1st Subdivision, According to the Plat Thereof, as Recorded in Plat Book 2, Page 77, of the Public Records of Miami-Dade County, Florida, MEETING DATE: January 10, 2014 ORDER The applicant, Berkeley Shore, LLC., filed an application with the Planning Department for the following variances in order to permit the renovation of the existing hotel and the construction of a new 10-story hotel addition at the rear of the property: 1. A. A variance to waive the required minimum hotel unit size within the Historic structure: 15% of the hotel units shall be between 300-335 s.f. and 85% of units shall be 335 s.f. or larger, in order to retain 24 hotel units at less than 300 s.f(the smallest at 230 s.f., 73% of units), 5 hotel units between 300 s.f. and 335 s.f. (the smallest at 309 s.f., 15% of the units)and 4 hotel units exceeding 335 s.f. (12% of units). B. A variance to waive the required minimum hotel unit size of the reconstructed units within the Historic structure: 15% of the hotel units shall be between 300-335 s.f. and 85% of units shall be 335 s.f. or larger, in order to reconstruct 18 hotel units at less than 300 s.f(the smallest at 225 s.f., 75% of units), 3 hotel units between 300 s.f. and 335 s.f. (the smallest at 309 s.f., 12.5% of the units) and 3 hotel units greater than 335 s.f. (the smallest at 344 s.f., 12.5% of the units). op c044, cte QM C., 2. A variance to waive all of the required 5'-O" parking rear setback in order to build the pavi •�' +,` N: up to the rear property line at the ground level. ' yf re Caen we nusi e Page 710 of 2495 ''a o•` Page 2 of 5 Meeting Date: January 10, 2014 BOA File No. 3649 3. A variance to waive 9'-0" of the required interior two-way drive aisle width of 22 feet in order to provide an interior aisle width of 13'-0" as a back-up space for the three proposed valet parking spaces at the rear at the ground level and within the subterranean parking. 4. A variance to waive 4'-41/2" of the minimum required rear pedestal setback of 24'-2"in order to build the car loading platform and steps at 19'-9 i/i'from the rear property line. 5. A variance to waive 2'-3 1/2" of the minimum required interior side yard pedestal setback of 7'-6"in order to build a pedestrian access ramp at 5'-2'/i'from the south property line. 6. A variance to waive 4'-0 1/2" of the minimum required interior side yard tower setback of 12'- 6"in order to build the tower levels at 8'-5 1/2"from the north property line. 7. A variance to waive 2'-2" of the minimum required interior side yard tower setback of 12'-6" in order to build the tower levels at 10'-4"from the south property line. The City of Miami Beach Board of Adjustment 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. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the Planning Department Staff Report, the project as submitted satisfies the requirements of Section 118-353(d) of the Miami Beach Code. Accordingly, the Board of Adjustment has determined the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; That the special conditions and circumstances do not result from the action of the applicant; That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district; That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance and would work unnecessary and undue hardship on the applicant; That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; That the granting of the variance will be in harmony with the general intent and purpose of this Ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; and Pia covN�y That the granting of this request is consistent with the comprehensive plan and R s C1ERIt `-'c• not not reduce the levels of service as set forth in the plan. ',.' W Go" .JRvsi Qk Page 711 of 2495 4,. Page 3 of 5 Meeting Date: January 10, 2014 BOA File No. 3649 B. The Board imposes the following conditions based on its authority in Section 118-354 of the Miami Beach City Code: 1. Substantial modifications to the plans submitted and approved as part of the application, as determined by the Planning Director or designee, may require the applicant to return to the Board for approval of the modified plans, even if the modifications do not affect variances approved by the Board. 2. The applicant shall comply with all conditions imposed by the Historic Preservation Board. 3. The applicant shall comply with all conditions imposed by the Public Works Department. 4. The applicant shall obtain a full building permit within eighteen months (18) months from the date of this hearing. If the full building permit is not obtained within the specified time limits, the applicant shall, prior to expiration of such period, apply to the Board for an extension of time. At the hearing on such application, the Board may deny or approve the request and modify the above conditions or impose additional conditions. Failure to comply with this order shall subject the variance to Section 118-356, City Code, for revocation or modification of the variance. 5. The conditions on this Order are binding on the applicant, the property's owners and all successors in interest and assigns. 6. This order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 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, except to the extent of the variance granted herein. 8. This Order shall be recorded, at the expense of the applicant, in the Public Records of Miami-Dade County; the original or a certified copy shall be provided to the Planning Department prior to the issuance of a Building Permit. 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 staff recommendations, as modified by the Board of Adjustment, that the application for Variance Approval is GRANTED for the above-referenced project, subject to those certain conditions specified in Paragraph B (Condition Nos. 1-8, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by . Sao cook,. CiitN (� Board of Adjustment, as determined by staff, entitled "THE BERKELEY SHORE HOTEL,/ °6. prepared by ADD Inc., P.A., dated December 2, 2013, modified in accordance with the coed` iB s` yr. set forth in this Order and staff review and approval. e OO we TAUS# Page 712 of 2495 °4M Cy,� 1 I I Page 4 of 5 Meeting Date: January 10, 2014 BOA File No. 3649 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 this Order 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 Variance Approval was granted, the subject Approval will expire and become null and void, unless the applicant makes application to the Board for an extension of time, in accordance with the requirements and procedures of Chapter 118 of the City Code; the granting of any such extension of time shall be at the discretion of the Board. At the hearing on any such application, the Board may deny or approve the request and modify the above conditions or impose additional conditions. If the Full Building Permit 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), and not reinstated by the Building Official or designee, the Variance t'Approval will expire and become null and void. �� ;,r Dated this i day of I � �� � , 2014. BOARD OF ADJUSTMENT CITY,OF MIAMI B H, FLORI IA ; BY: y'.I",iV` - 4 / 1 Thomas R. Modney,AICI'` Acting Planning Director For the Chair STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) /p� T e foregoing instrument was acknowledged before me this / / day of , o/j, by Thomas R. Mooney, Acting Planning Director of the City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation, He is personally known to me, 1 � T11��A s� p ff 442tB8 �.._ C�c'� 4:11:70* MY cOMl�11SS�OK * + � �xPIRES•December 2,207 Notary: -- R JJ qua ouNry [NOTARIAL SEAL] F°` a o�aeea„doNowl&"10* Notary Public, State of Florida P of (F� u� G�te 1 00 My Commission Expires: / Commission Number: , terc°°""ust4��tL Page 713 of 2495 f! OR 13K 29138 PG 4443 1._A&T PAGE Page 5 of 5 Meeting Date: January 10, 2014 BOA File No. 3649 Approved As To Form: City Attorney's Office {( •ol2-Z�I ) Filed with the Clerk of the Board of Adjustment on (1Z-/00//4/ ` t F:IPLAM$zba1F1NALORD13649-Order-1610 Collins Ave 1-10-2014.docx siATE OF FLO,' +A.COUNTY OF DADE I HEREBY CE !FY hat this is a true copy of the cC'`Nf r�o aril last Ns Inc day of . A� I . .AD20 �� n, N MTNES S try t teci arta Official Sear 1S '1°)t.••_ Q ,HARVEY of it: + 0.1ry Courts `, c""^"� Pk • D.C. Page 714 of 2495 Miami-Dade Official Records -Print Document Page 1 of 5 CFN:20150386592 BOOK 29659 PAGE 1223 DATE:06/17/2015 10:47:57 AM HARVEY RUVIN,CLERK OF COURT,MIA-DADE CT' HISTORIC PRESERVATION BOARD City of Miami Beach,Florida ' MEETING DATE: June 9,2015 FILE NO: 7362 PROPERTY: 230 Lincoln Road APPLICANT: Americas Trade Center LEGAL: Beginning at a point on South Line of Lincoln Road 40 feet West of the Northeast Corner of Lot 9 for point of beginning west 30 feet South 100 feet,West 35 feet, South 195 feet, East 100 feet, North 195 feet,West 35 feet to point of beginning, Block 54 according to the Plat thereof, as recorded in Plat Book 2, page 77 of the Public Records of Miami-Dade County, Florida. IN RE: The Application for modifications to a previously issued Certificate of Appropriateness for the partial demolition, renovation and rehabilitation of an existing 'non-contributing'structure as part of a new retail development. Specifically, the applicant is requesting design modifications to the previously approved building. SUPPLEMENTAL ORDER The applicant 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: I. Certificate of Appropriateness A. The subject structure is classified as a 'Non-Contributing' structure in the Miami Beach Historic Properties Database, and is located within the Flamingo Park 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: Page 718 of 2495 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 5/1 7/20 1 7 Miami-Dade Official Records -Print Document Page 2 of 5 CFN:20150386592 BOOK 29659 PAGE 1224 Page 2 of 5 HPB File No.7362 Meeting Date:June 9,2015 1. Is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code. 2. Is not consistent with Certificate of Appropriateness Criteria 'c' in Section 118- 564(a)(2)of the Miami Beach Code. 3. Is not consistent with Certificate of Appropriateness Criteria 'b', 'c' & `g' in Section 118-564(a)(3)of the Miami Beach Code. 4. Is not consistent with Certificate of Appropriateness Criteria `a-e' for Demolition in Section 118-564(f)(4)of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. Revised elevation, site plan and floor plan drawings shall be submitted and, at a minimum,such drawings shall incorporate the following: a. The proposed west wall and open beam roof system of the entrance corridor shall be constructed of steel framing veneered with a colored aluminum or non-corrosive panels consistent with a neutral reddish orange color, 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 final design and details of the'floating room'glass elevator atm-its-operatienal Gerneonents-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. c. The final design and details of the coated glass otched map shall be provided,in a manner to be reviewed 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. d. The proposed grilled roll-up security pate located along Lincoln Road shall consist of a high quality material and design,in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. e. 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. Applicant agrees that in the event Code Compliance receives complaints of unreasonably loud noise from mechanical and/or electrical equipment, and determines the complaints to be valid, even if the equipment is operating pursuant to manufacturer specifications, the applicant shall take such steps to mitigate the noise with noise attenuating materials as reviewed and verified by an acoustic engineer, in a manner to Page 719 of 2495 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?Q S=YaoUfOzxry... 5/17/2017 Miami-Dade Official Records -Print Document Page 3 of 5 CFN:20150386592 BOOK 29659 PAGE 1225 Page 3 of 5 HPB File No.7362 Meeting Date:June 9,2015 be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. 3. The Applicant agrees that a project manager will be retained to ensure that all aspects of the development permitting and licensing processes are coordinated and consistent with the approved plans. The applicant agrees to submit the name and contact information for the project manager to the Planning Department within 90 days of the June 9, 2015 meeting. Failure to comply with this condition within the specified time shall result in notice and a hearing before the Board to extend the timeframe. 4. The Supplemental Final Order shall be recorded in the Public Records of Miami-Dade County,prior to the issuance of a Building Permit. 5. 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 granted Planning Departmental approval. 6. The Supplemental Final Order shall be recorded in the Public Records of Miami-Dade County,prior to the issuance of a Building Permit. 7. The Supplemental 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. 8. The previous Final Order dated May 14,2013 shall remain in full force and effect,except to the extent modified herein. 9. The conditions of approval herein are binding on the applicant, the property's owners, operators,and all successors in interest and assigns. 10. 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. 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.1T 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 and adopted by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in Paragraph I, 11,111 of the Findings of Fact,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 "230 Lincoln Road— Retail Bldg", as prepared by Revuelta Architecture International,PA.,dated 4/27/2015. Page 720 of 2495 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 5/1 7/20 1 7 Miami-Dade Official Records-Print Document Page 4 of 5 CFN:20150386592 BOOK 29659 PAGE 1226 Page 4 of 5 HPB File No. 7362 Meeting Date:June 9,2015 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 conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118-564, City Code,for revocation or modification of the Certificate of Appropriateness.--�� /� Dated this ,� day of J.J/I C ,20 L5. HISTORIC PRESERVATION BOARD THE CIT : MIAMI BEACH, FLORIDA B`. DEBORA" ACKETT PRESERVATION AND DESIGN MANAGER FOR THE CHAIR STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 10" day of ;Syne 20 15 by Deborah Tackett, Preservation and Design Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation.He is personally known to me. Page 721 of 2495 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?Q S=Yao U fOzxry... 5/1 7/20 1 7 CFN:20150386592 BOOK 29659 PAGE 1227 Page 5 of 5 HPB File No.7362 Meeting Date:June 9,2015 WALDNYS J,RODOLI €` V= MY COMMISSION 8,2019521 -A ficlit WIRES:JUL 24,2017 NOTARY PLIC Bonded through latState Insurance Miami-Dade County,Florida My commission expires: *(2412ol1. Approved As To Form: .. City Attorney's Office: L �` ' , ( Wiob,c,/ Filed with the Clerk of th: .istoric Preservation Board on ( U1111/) ) StF{ke-Tpw denotes deleted language Underscore denotes new language F:\PLAN\$HPB\15HPB\06.09.2015\Orders\HPB 7382_230 Lincoln Rd.JuntS.FO.docx Page 722 of 2495 Miami-Dade Official Records -Print Document Page 1 of 4 111111111111111111111111111111111111111111111 CFN 2O15RO136614 OR Bk 29521 NS 1046 - 10491 (4aes) RECORDED 03/03/2015 09:05:22 HARVEY RUVIN, CLERK OF COURT HISTORIC PRESERVATION BOARD MIAMI-DADE COUNTY, FLORIDA City of Miami Beach,Florida MEETING DATE: September 10,2013 CERTIFICATION F m_ TINE IS TOCEITNY1MTEIEAMMO 00CUBn § NiA NIUE NO COME ECOPY TIE WOK ON 81I MEM NO: 7382 ALEN EM MOWE Pers,ri Pm,/ b ma or . moi/ • PROPERTY: 230 Lincoln Road NarayPmlo.slr,aRoadie 1arp ;�• � PAIN / —.Z—I '3 s My CarnNNbn 60v:OW) 1-** �M uMN N sIuIPUaala s . LEGAL: Beginning at a point on South Line of LincolnRoad40 feet West of the Northeast Corner of Lot 9 for point of beginning west 30 feet South 100 feet,West 35 feet,South 195 feet,East 100 feet,North 195 feet,West 35 feet to point of beginning, Block 54 according to the Plat thereof, as recorded in Plat Book 2, page 77 of the Public Records of Miami-Dade County, Florida. IN RE: The Application for a Certificate of Appropriateness for the temporary installation of a super graphic on the north facade of the building. ORDER The applicant, Americas Trade Center, 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 Flamingo Park 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 consistent with Certificate of Book29521/Page1046 CFN#20150136619 Page 1 of 4 Page 723 of 2495 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 5/1 7/20 1 7 Miami-Dade Official Records-Print Document Page 2 of 4 Page 2 of 4 HPB File No.7382 Meeting Date:September 10,2013 Appropriateness Criteria in Section 118-564(a)(2)of the Miami Beach Code, and is consistent with Certificate of Appropriateness Criteria in Section 118-564(aX3)of the Miami Beach Code. C. The project would remain 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 final details of the super graphic shall be subject to the review and approval of staff,including method of attachment to the existing structure;renderings shall be provided which accurately portray the false perspective intention of the graphic. b. The super graphic shall not contain any signage. Any temporary construction sign shall be a separate element, in a manner to be approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. c. The super graphic shall be approved for a period not to exceed eighteen (18) months from September 10, 2013, or the date of the issuance of a Temporary Certificate of Occupancy (TCO), Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC); any extension of this timeframe shall be subject to the review and approval of the Board. 2. The Final Order shall be recorded in the Public Records of Miami-Dade County,prior to the issuance of a Building Permit. 3. 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. 4. The conditions of approval herein are binding on the applicant, the property's owners, operators,and all successors in interest and assigns. 5. 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. 1-5 inclusive)hereof,to which the applicant has agreed. PROVIDED,the applicant shall build substantially in accordance with the plans approved by the IJP Book29521/Page1047 CFN#20150136619 Page 2 of 4 Page 724 of 2495 https://www2.miami-dadeclerk.com/o fficialrecords/PrintDocument.aspx?Q S=YaoUfOzxry... 5/17/2017 Miami-Dade Official Records -Print Document Page 3 of 4 • Page 3 of 4 HPB File No.7382 Meeting Date.September 10,2013 Historic Preservation Board,as determined by staff, entitled"230 Lincoln Road–Retail Bldg.', as prepared by Revuelta Architecture International,PA.,dated 07.17.13. 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 of the meeting date at which the original Certificate of Appropriateness was granted, this 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), this Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject this Certificate of Appropriateness to Section 118-564, City Code,for revocation or modification of the Certificate of Appropriateness. / S?(?k Dated this " `© —day of "►^ ,20 3 HISTORIC PRESERVE TION Bj RD THE C OF MIAMI :EACH " •RID BY: I THOM 1 R.MOON , . C,7 I DESIGN AND PRESERVATION ANAGER FOR THE CHAIR Book29521/Page1048 CFN#20150136619 Page 3 of 4 Page 725 of 2495 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 5/1 7/20 1 7 Miami-Dade Official Records -Print Document Page 4 of 4 OR BK 29521 PG 1049 LAST PAGE Page 4 of 4 HPB File No.7382 Meeting Date:September 10,2013 STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 2A4- day of 5.01',,,.be r 2013 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. �J wAL@1YS J.ROOOU -D11141 a ► j4fik e�: €1, MYCOMrIISSgN#FFOC18521 NOTARY PUBLIC i FxPIRES:JUL 24.2m7 Miami-Dade County, Florida Bowled Ito*1stSW Minna My commission expires: 1-1.4.-Lot-4. Approved As To Form: Legal Department: ( ,q-? (3 ) Filed with the Clerk of the Historic Preservation Board on q-Zc-t3 ( ) F:\PLAN\$H PB113 HPB1Sep 1317382-S EP2013.FO.docx Book29521/Page1049 CFN#20150136619 Page 4 of 4 Page 726 of 2495 https://www2.miami-dadeclerk.com/officialrecords/PrintDocument.aspx?QS=YaoUfOzxry... 5/17/2017 RECORD DRAWING J ` 3.15546,ux[axowx lx THE ____-....---STA.MOT SURVEYED DESIGN SHEET UTL.2 RAC[[OURINO THE FIELD WORK 1 [M:10 R,r;1[L[Ww[x e[ �,r...54 54 'l GEOSOlUTION 0 STA..23 06 SEEM MSS ST.ARAM,FL 331n to el i • - 5a SURVEYOR NOTES wAm+w+N w LINE A s r[.'wreu 1 THE SURVEY DATE 5 SEPT 23 2018 f _ • AND UPDATED MAT 09 201] 2 THIS SURKT HAS BEEN REFERENCED TO THE WATER PiA VALVE - _.. AND SEWER SERMCE PLAN(SHEET UR 1 2 AVE!1)OF THE 6ERREL£T SHORE HOTEL.1610 COIL NS VMIAMI [rA,Nr.r[ err..1•00.111 - STA..36/ BEACHEL 9 3 TRS AS BU LT SURVEY IS ACCORD NG TIE DEFIN TON N CHAPTER 5J-17.08OOCME i0(D). �[TA.5312254 OF THE REY DS AOMNSTRA AND CODE TIE PUFPOSE OF 1HS SURVEY TO DEFINE AUD SNOW GRADES. No On SET a MP PATER MAry IMPROVEMENT,GRATES ELEVATION AND INVERTS OF THE b - - NEW 12'D..P.WATER MAN AND 8.O.P.WATER MAIN. -�� N REFERENCE TO THE CONSTRUCTION PLANS. BEGINNING Ort SFT B q 11r° siAp.e]J 5 THIS SURVEY NAP AND REPORT OR ME COPES PIN THEREOF ARE NOT VALET WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL TIE FLORIDA r1[[,.rr AR xv[PAxr ON LICENSED SURVEYOR AND rtaMAPPER IN RESPONSBIF CHARGE. _ - - -- --- -- 6 ADDITIONS OR DELETIONS TO THIS SURVEY BY WATER MAIN PROFILE-LINE A - ANYONE 0.ER THAN THE SIGNING PARTY DR PARTES IS PROHIBITED VATHOUT THE WRITTEN CONSENT OF THE 1{1 SIGNING PARTY OR SII ES 1, t I 1 ` I. PROJECT ] E HORIZONTAL ANO VERNON.CONTROL FOR MIs REV FEB0 AS SHOWN ON SHEET 0 OTT 1 0 2.1 REV.FEO1 2016PROVIDE FOR THE CONTRACTOR IN nl . ---.... CHARGE AR&1.PI I.MR COMP i 8 B 0 ELEVATORS SHOWN HEREON ARE REFERENCED TO 6 Ca 'q F S ME NOTIONAL GEWETC VERTICAL DAIUM(NGVD 19]9) I e,'� t 1 j 9 AS-BUILT NGORMA1p11,IN BgLD. 4. 4 DON R00 1 IE LAST LNS7gv M is:MAT Oa,2017. RAUL TZA PSM.STATE CFjfLOHIOA LICENSE 6942 TOP Of PE IL i�il r � I/ rij a.VRw....... an') 8"FIRE LINE PROFILE-LINE B tl t ...., 7-'77E III Ell IM I II� (SCALE 1SHEET NUMBER �� I�=T m v r'=Tn• UNE NOT ROS, FIELD JOB DATE 1 of 111 CROSSED UNE NOY GROSSED IMAY 09,20161 es FILENAME I r• THE BERKELEY SHORE HOTEL WATER AS-BUILT PLAN BENCH NARK INFORMATION ELF NAV0391 LOCATOR:22201A DANE:9-149 R ELEVATION:NAYBA190 %°47, ELEVATION N61179 135' 153IRE0---N9'SOUIH OF C/1 N:: IRE PTA(COWNS ANF-33'EAST DE CIL ._! .I IS 74 R DESCRIPTION:FINN)ANDALUNNUM WASHER IN CORC CATCH BASIN - + STATE PUNECWROWIIES POINTS II INE STATION IS LOCATED IN ENE GRASS MEDIAN N DION NNDJUSI /'00NESDIC REOUCED II I SOP Of LIR INTERSECTION OFCONIERST DR AND AIM RDAO AND V IS SODIH(IF WATER TUNER 19 ST.THE NARK IS SET NIIIE CONCRETEI PRESSURE ZONE wDDNIHAMEIRD-0IINGPS CONTROL PT BRASS DISK AND d, ASSEMBLY(R PZA.) I I z SIANDOTP. STA 1+11.65 11617 RENT) NORTHING())571S03D170 0 .RO WATER MEIER ASSUME EASONGUO D4ED4UN0 I FOR S'IOMES5IC SERV 0:':',i STA 1.74651091 AIGH0 W 2 CENTER LINE INIFRSECIION OF COLLINS AYINIE ANO LEON ROAD ZS P;EO'AFNO(ROTAIFDI / XOAIHIX61YI5305B01300 M 1 IMY.EL.049' - EASIINI)9A7AEE5000 IL IE 230 LINCOLN ROAD l I 27.10 If OF 0.IP CUSS 53 `. DOMESTIC NA1FR SERVICE FUTURE RETAIL I W �� 014I.D5i5115A R16HI) , ,,, ,',,, VYEL DDGT-MEND 0'UP STA 1+77.55(056 RICHT) Q 1'YEAfICAL AEOUCW CEO REND OONX -6)VERTICAL DOUBLE I ,,, I PRESSURE ZONE INA'.EL 435 H4tHE D CHFCK '^ ASSEMBLE FORT SIA 1.8515(091 RIGHT)',I'' '''VE (O.OGV.1 R J I IRRIGATION EERY 4'-9(11111 IRDEATED)i I C IMY.0.-079' FIRE DEPARTMENT CONNECTION _ - i I STA 1.75651160 PONT) SIA I•A1151136 RISC - J T NATER M FR ASSEMBLY 6-90 BFNO DP ` O 6 FOR"IRRIGATION INV.1+61.15 .049 : STA 1.24&/(056 RIMED i 0-SEE115(OM LEFT 6).90°RENO UP ; B'90 BEN011P ,I INV.14..50' 1617 LF DFTWATER LINE IT ,ter_4--/ ----',.IXY EL-. -- -69IIl LF OF 6'WP.w.D ' i l I STA I•59.65 SA14,910glEFT) ALLEY ,�• n,� 3u.ssslosuEn p� slD9o) G soeNouP T CORP.STOP P IRE.EL=4.45 I� .. rJ- FORIRRIGATIONSERVICE �O ELd39' 4 y j A LOP.6TAI.65.15(0.94 LEFT) STA{76265(091 RIGHT) EXIST.BUILDING k ] w x��L �m POINT OF CONNECTION ++ I 1 A' CONXECNO a"K s^TEE iDP EL-4 (NOT A PART) l t — "' {pF nppG�gg"o.1.P.w.1A. ,ki'` Q____ D.PF-300' „a + _ .--. I _ C �o' STA 1.64.651095 LETO �� POINT OF CONNECTION WATER AS-BUILT 1 XN lF K/'7EE -- . `"o LL IX 0.1 P.:N. f Imo. .7777 0 4 VII II • 7777... 7,777..... C•2 yvWYI P �/ s[_,f, C_n iirOO by. , ,.4 3, . EASEMENT RIGHT OVER PRIVATE ROAD ,.'':' THIS INDENTURE, Made this 15th day of December, 1945, <` between LINCOLN-COLLINS CORPORATION, a Florida corporation, hare- `o 'matter referred to as party of the_ first part, and !BETTY RONEY • t. /�44ipDO;-;MCatm twit.:, 7hipN.o Tit t, 'r6A•, rw FI TZPATh1GK,ihereinaftor referred to as the party of the second •j :.., part, W1'l'NESSETH: :1 WHEREAS, the tarty of the second part.lias conveyed to '1 the party of the first part and the party of the first part is the • owner in fee simple of lands in Miami Beach, Dade County; Florida, taro't: All of Lots 7 and 8 and that part of Lots 5 and 6 lying emit of the southerly extensi.)n of the west line QC said Lot 8, and that part of the north half of Lot 4 lying east of the southerly extension of the west line of said Lot 8, and that part of a twenty foot strip of land, formerly an alley, . lying immediately south of said Lots 7 and O and east of the southerly extension of the roost line of said Lot 8; all in Block , , 54 of Fisher's First Subdivisici of Alton Beach, according to Plat thereof recorded in Plat Book 2, at page 77 of the Fublio Records of Dade County, Florida; said lands oeirf, also described as: That parcel of lend in Block 54 of Fisher's First Subdivision of Alton reach, according to the Flat thereof re- • corded in Flat Book; 2, page 77 of the Public Records of Dade County, Florida, bounded as foil ours: On the north by the north line of Tots 7 and 8 of said Block b4; on tai-: nest oy the west line of aaic Lot trend the southerly extension of tie west line of said Lot 8to the south line of the north half of Lot 4 of said Block 54; on the south by the south line of the . north half of said Lot 4, and bounded on the east by the westerly ' line of Collins Avenue,. as said Collins Avenue is shown on Flat of Fisher's First Subdivision of Alton Beach, according to Plat recorded in Plat Book 2, at page 77 of the Public Records of Dade County, Florida, shish said lands are hereinafter referred to as raroel A, and WHEREAS, the party of the second part Is the owner in fee simple of lands in Miami Beach, Dade County, Florida,. • tit Lots 9, 10, 11, 12, 19, 20, 21 and 22, and the East +: 10 feet of Lot 13, the East 60 feet of Lot 17, theEast 60 feet of Lot 10, all of Lots 5 and•6 except that part of said Lots l7ing •.x. East of the. southerly extension of the east line of said Lot 9, - : .+ and all of the North Half of Lot 4 except that part of said North 3 Reif of.Lot 4 lying east of the southerly extension of' east r= line of said Lot 9, all ol.aaid lands being in Block 54, Fisher's ,rA } .First Subdivision of Alton Beach, according to the Plat thereof, --'K� s • recDrded in Plat Book 2, page 77 of the Public Records of Dade . . ` County,, Florida; ALSO, that strip of land twenty feet wid.,. (for- , ," iaer,;ly piattedd as• an alley but:nth, Vadated) which is located'ii F ' Blti 54 of Fis.ier f l FF:st But�dj.vision of A1'tonBeeoh, soabrding .4{ is to e: £'lot -the bf.r-ecvi!4aa in.•'f1n Bovis a,,page 77 9t the ) ib- 3 - ':' i.,e,.„.....,..-‘,.. ..,, , . iia R;j'eorda 4 Dade-toutx'ty lrioai•ikla; .deco 'bed ae folipws3 • r RS kc} �, 1• 4 iy 3• Ei L 4 • r' t: 1 b tar: ,O ': gt i Yr s i t� _ • ass �t ,'4N3h'r�•^ LL { , _..'� , -.,1 . 'C �•-'itr�•-F.s.,�w� -tm�. 3 .:v. te 'yy�r L +�rx r r`. e :. '�a"- � S �''- j•C c'l,, Tx s* '' a - E t,`- u++� a :et-C r¢tr qty,' '' ,e ,!. �� � S .r.r�._ a,r BY .r+'K`4� y,��h s �h�S>'�. � i�alk' ,1'P'-Rt'"-. r- rd eye ,'SyJ,.t 17;'+y 5, -, .. t ,5�-? e�1-.- 4 i3v w 4. ;t,, d .G w yit }7- t T 4 .131 f '� 2Y n11 h lid s `th L t Nf. ,, ft t "s', P,- +fir i-1� Y a 5 '4' i �+.� ti w n rl_ �. '�t �'`� s ,�,.i�T4t.�� { i��ky� ���1.4 �g' F�r`f tc{i� ��x�'� A 3 s�� �; ���f i � �. fc mi fik 1 f a`R < r x-3fi a p.,01.0', .` 71r. I- v J � ""-:: $"°`,1 r a y n, 3�., g Af'W'r ti�,� -af 4 .,; +' 3 'x3 4 'i,y-Lf`<,..,c4 :.•'�ti - Begin ata .point eo he north line of Lot 6 of ,said - ;ILO -. Block 54 that would be iatereeeted-fry the- bouthierly eatensjpii., • .,.- of the east line of Lot 9 of"said Block 54; thenad-west elciug --- r -AEL, ' ?• _ the northerly line of Said Lot 6 to the northwedt corner of said _ Y t Lot 6; thence Continue Westerly along the northerly line of Lot :'; 1't of said Block 54 a distance of 60 feet to a point; thence _y northerly parallel to the easterly line of said Lot 17 a dietabee 'tt of 20 feet to a point on the eoutherly line of Lot 13 of said -!..z: flloek 54; thence easterly along the southerly lines of Lots l3, . --i 12, 11, 10 and 9 of said Block 54 to the southeast corner of said - � + Lot 9; thence.southerly a distance of 20 feet, more or less, to ." "• the point of beginning, z which said lands are hereinafter referred to as Parcel. B, and AREAS, the party of: the first part Las agreed to grant to the party of the second part a perpetual easement or right of way over the southerly 20 feet of the lands desoribed as Parcel A. NOW, T}P EEFORB, this indenture witnesseth that, purau- &nd to said agreement and consideration of the sum of ONE DOLLAR paid by said party of•the second part to the party of the first part, the receipt whereof is hereby acknowledged, the said party of the first part hereby grants unto the 'aid party of the second ' ' • part, her heirs, devisees and assigns, the full and free right for • her, and her tenants, servants, visitora, and licensees, to pass and repays, with or without vehicles, for all purposes connected • with the use of said party of the second part's lend, along or over the southerly 20 feet of the lands of the party of the first part herein referred to as Parcel A; to hold said perpetual ease- ment to said party of the second part, her heirs, devisees and as- signs, as an appurtenant to said lands of party of the second part • herein referred to as Faroe' 8, with the right and privilege re- served to said party of the second part, her heirs and devisees, to waive, release or cancel this easement as to any part of the r lands referred to as Parcel B ao long as she, her heirs di devisees, ys own such part of said lands at the time of oancelation of said ease- ` ment. � IN WITNESS WHEREOF, the party of the first part has _;=., , nano 3 caused these presents to be signed in its nanend its corporate' "',y+ '``�', s, seal affixed by its oft;fqQ��,,thereunto duly author • • ;y}} ilLlitsrhNi a e. a"f. . A y �_ • �.,x,t< ri �-'" � tae z%' �r 3�� T4s �v`-''k'` `: �t$-. ff_.. �- t0 RI '�.s t g x } F i �,tt +rY . -f7' wry:'. �. N. r ,•• .tet • L '" .:�/1 i "'EA'.> <.�4-1. r Q ""+f' `$nh �.�f t tom~�,E-E'� ,I y�r z �.r.'4'-i* l . f .t:......:- , y • 7-17,; `,Z,2 ]'lI i4 _'y-' .. 7:t^ £ 4 )�.'L r S.r't .e� '' elx y� ^ +400- dF cP i -4-t A l y�o-7.�a.e .}3 i r -f t -.."'*;,:;•;',-;':S t. 1- �• it fi Sx Y .L 1 Y.r.-'E^-y r'�:N'. / 'r fa ':" S 3 -.R� ` +C Y 77a�.T.�.L. r k r�t 9 f _-Ry rr .Jt a ti •,.3 t t7 41 t Y i a[. ss w �.t�irl _ � ,y.f.. .si�"i .'�� -7EY 4k f.,�x'A z -?�-� _-rtt�5� '�r.r'1.�'�t ��,k 1ss.4 yak+f�ylax, r'Sk °r ��_7s-� � 9.`S",r`r �A x '.r, -,:t--' 0-i- sa 5,.s ; €`i .tz. F' 'tee ,s ..$2... .'�T. �wse�++y��'a,��J. _.s ,�.'.�_ -7.r: +_� �.. � yi7s_.r�� .T,: r ''ten k �i.� S't ,,wwxi"�'' ��",&�4c' r s e, trC 4-. _4_ .eiy ` "d -'"r� ��cc---;:i„--,,,,r `-,.y�gt •T . eciat -'''' •:'13*.a ..'f S(F rtit s r ;� K.`+.2+r.E pa -•s.. Y`. - .s'„, L - �, ,5� '�.Yx- r4 r"tL" ,tom : r•:��.'��' ;. ',� sy,,;„•.rbc,,,,, -4.-1 r."•-.-'f?-171 .:•',e.::.`1. s-_ ,r - 'r.44 sr STATE OF-FLORIDA ) x )SS COUNTY OF BADE ) - ft F ..V: - F } I HEREBY CERTIFY, that on this tO day of December, r t A. D. 1945, before me personally appeared A.1%). +• ji.1.4...v► "� and ►iv C . • President and Secretary ;:g respe.c ve y o `+il'l'- O I.'3 ORIORATION, a corporation un- der the laws of the State of Ploridar to ma known to be the per- • sons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their Tree r.' act and deed as suer officers for the uses and purpoeaa therein • mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the adt and U' deed of 3aid corporation. WITNESS my rriErature and official seal at , ..-,i --- in the,Ob%ft1ly. of Dade and State of Florida the day and year last aforebdYd. . - 111111;1111111* .: _ `'TA' '15 - r'' My coseraV4i.ort expires: lit.4t lU�1Q.1TiB • Stale of Acrida,County or bade. This instrunoent was tiled for record the...L.?._)Isy al_ •--e----• • 1945 at„t4 ..Gt l and duly recorded in..,(L.-_-u ..._ • Boole 1.12.b on Page..M..� LFi a No. U..7:_.9_..::..2,11 • C.0-LGAii-HERNAN • ClerIic Circa t__Count- . ei e -•el / R.u--' _OA ., t• 4 '.1.!. Y `ti.i 3 J ate. - ': .'" �^t, €,,, �"' .-df r" 4"r y sa°r`1.-.:•?-'.'x rfi- stV' ' ^ • . i ?,-'t6 l - ' Y " r 4 ••-•....„4..,,,,,,ST T ',. ' ri•p, Y ., • _lf i( ryy , 4.,,,,„,,, i • 4v�,"`S" n �*'br' s. Jr "rrydv � _ ' a •� . :et4t �� $k. qq -- i� rlkgr-z• �hrtr5 i. 1 =. Z�