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2017-29977 ResolutionRESOLUTION NO. 2017 -29977 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK, SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY'S OFFICE AND PUBLIC WORKS DEPARTMENT, TO EXECUTE AN AMENDMENT TO THE GRANT OF EASEMENT FOR AIR RIGHTS, ATTACHED AS EXHIBIT 1, PROVIDED TO CG TIDES, LLC, CG TIDES VILLAGE, LLC, CG TIDES VILLAGE I, LLC AND CG TIDES VILLAGE II, LLC (COLLECTIVELY THE "APPLICANTS "), LOCATED AT 1201 -1225 COLLINS AVENUE, UNDER CITY RESOLUTION 2012- 28003, IN ORDER TO MODIFY THE SITE PLAN IN ORDER TO AUTHORIZE AN ENCLOSED ELEVATED PEDESTRIAN BRIDGE SPANNING THE 20 -FOOT PUBLIC RIGHT -OF- WAY OF OCEAN COURT. WHEREAS, CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC, and CG Tides Village II, LLC, (collectively the "Applicants ") are the owners of the 8 -story Tides Hotel at 1220 Ocean Drive; a lot at 1201 Collins Avenue; the 3 -story Molbar Building at 1221 Collins Avenue; and the 2 -story Splendor Building at 1225 Collins Avenue (collectively, the Properties); and WHEREAS, Applicants received approval from the City's Historic Preservation Board (HPB), pursuant to HPB Order No. 5477, to redevelop the Properties; and WHEREAS, at its regular meeting on April 10, 2012, the HPB, pursuant to HPB Order No. 7303, approved the proposed pedestrian bridge; and WHEREAS, Applicants wished to unify the Properties by installing an elevated pedestrian bridge across the Ocean Court right -of -way, located at the second level of the Tides Hotel, to connect to the second level of the rear of an approved addition to the Molbar Building; and WHEREAS, on September 12, 2012, pursuant to City Commission Resolution 2012- 28003, the City granted Applicants an air rights easement for a pedestrian bridge 16 feet above ground - level, with a width of 9 feet 1 inch (9'1 "), in exchange for $250,000, payable in installments; and WHEREAS, on May 9, 2017, the Historic Preservation Board, under HPB file number HPB17 -0105, approved the modification of the pedestrian bridge that spans Ocean Court between the Tides Hotel (1220 Ocean Drive) and Tides Village (1201 — 1225 Collins Ave), specifically to enclose the previously open air sides of the bridge with all glass; and WHEREAS, the size and footprint of the bridge and easement over the right -of -way remain completely unchanged, but as the original air rights easement agreement was tied to a design, the Mayor and City Commission are required to authorize the modification to the scope of the design; and WHEREAS, attached here to is the First Amendment to the Grant of Easement for Air Rights Agreement with the Applicant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk, subject to final review by the City Attorney's Office and Public Works Department, to execute an amendment to the Grant of Easement for Air Rights, attached as Exhibit 1, provided to CG Tides, LLC, CG Tides Village, LLC, CG Tides Village, LLC, and CG Tides Village II, LLC, (collectively the "Applicants "), located at 1201 -1225 Collins Avenue under City Resolution 2012- 28003, in order to modify the site plan in order to authorize an enclosed elevated pedestrian bridge spanning the 20 -foot public right -of -way of Ocean Court. PASSED AND ADOPTED this day of September, 2017. ATTEST: Rafael E. Granado, City Cler r fet r �asssm� APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION g/8/17- City Attorney Datc T:\AGENDA\2017 \9 - September \Public works \Resolution Amending Aerial Easement for Tides Bridge 08.15.17.docx Exhibit # 1 This Instrument prepared by: Name: Matthew Amster, Esq. Address: Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 860 Miami, FL 33131 FIRST AMENDMENT TO GRANT OF EASEMENT FOR AIR RIGHTS This First Amendment to Grant of Easement for Air Rights ( "Amendment ") is made and entered into this day of , 2017 by the CITY OF MIAMI BEACH, a municipal corporation duly organized and existing under the laws of the State of Florida ( "Grantor" or "City ") in favor of CG TIDES, LLC, CG TIDES VILLAGE LLC, CG TIDES VILLAGE 1 LLC, AND CG TIDES VILLAGE II LLC, all Florida limited liability companies (collectively "Grantee "), having an address at 2915 Biscayne Boulevard, Suite 300, Miami, Florida 33137. RECITALS: WHEREAS, Grantee is amending the Grant of Easement For Air Rights ( "Easement ") previously recorded in the public records of Miami -Dade County at Official Records Book 29551, at Page 3802 to acknowledge that the proposed design of the pedestrian bridge has been revised to be fully enclosed by glass walls as approved by HPB File No. HPB17 -0105 on May 9, 2017, the order for which was previously recorded in the public records of Miami -Dade County at Official Records Book 30539, at Page 1311; and WHEREAS, the remainder of the Easement is unchanged and remains in full force and effect. NOW, THEREFORE, for good and valuable consideration, Grantee voluntarily covenants and agrees as follows: 1. The recitals and findings set forth in the preamble of the Amendment are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. The physical extent of the pedestrian bridge improvements referenced in the Easement are the same as what is reflected in the Easement and as amended by the approved plans by Kobi Karp Architecture and Interior Design, Inc., dated March 16, 2017, associated with HPB File No. HPB17 -0105. 3. The remainder of the Easement is unchanged and remains in full force and effect. 4. All notices, demands, requests, or other communications which may be or are required to be given, served, or sent by either the Grantor or the Grantee pursuant to this Easement shall be in writing and addressed as follows: If to Grantee: CG TIDES, LLC Attn: Meyer Chetrit 2915 Biscayne Blvd, Suite 300 Miami, FL 33137 Amendment to Grant of Easement for Air Rights Page 2 of 6 With copies to: If to the Grantor: With copies to: CG TIDES VILLAGE LLC Attn: Joseph Chetrit 2915 Biscayne Blvd, Suite 300 Miami, FL 33137 CG TIDES VILLAGE I LLC Attn: Joseph Chetrit 2915 Biscayne Blvd, Suite 300 Miami, FL 33137 CG TIDES VILLAGE II LLC Attn: Meyer Chetrit & Juda Chetrit 2915 Biscayne Blvd, Suite 300 Miami, FL 33137 Bercow Radell Fernandez & Larking, PLLC Attn: Matthew Amster, Esq. 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 City of Miami Beach Attn: City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 City of Miami Beach Attn: Public Works Director 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Each Party may designate by notice in writing a new address to which any notice, demand, request or communication may thereafter be so given, served or sent. APPROVED Public Works Director Date APPROVED AS TO FORM & LANGUAGE City Attorney Date Amendment to Grant of Easement for Air Rights Page 3 of 6 [EXECUTION PAGES TO FOLLOW] Signed, sealed, executed and acknowledged on day of , 2017. IN WITNESS WHEREOF, Grantor has caused these presents to be signed in their name by their proper officials. p'a re tiv* Print Name STATE OF NP_pd,041, COUNTY OF \ketvo5 ) SS GRANTEE: CG TIDES, LLC, a Florida limited liability company; B • Address: 2915 Biscayne Blvd, Suite 300 Miami, Florida 33137 The foregoing instrument was acknowledged before me by Meyer Chetrit, the Manager of CG TIDES, LLC, on behalf of the Florida limited liability company. He is personally known to me oams-produce, as identification. Witness my signature and official seal this day of 2017, in the County and State aforesaid. AlitAA Notary Public-State of Print Name My Commission Expires: LOIS HUTTER SANCHEZ Notary Public, State of New York No. 011415042516 Qualified In Queens County in Commission Expires April 24, 20.1.,1 Amendment to Grant of Easement for Air Rights Page 4of6 Signed, sealed executed and acknowledged on )4' day (Yf & , 2011 . IN WITNESS WHEREOF, Grantor has caused these presents to be signed in their name by their proper officials. Print Name STATE OF ! ' vv4o42i ) ) SS COUNTY OF ) GRANTEE: CG TIDES VILLAGE LLC, a Florida limited liability company; Bv: Joseph etrit, Manager of 392 FIFTH LLC, the M;;y'ager of CG TIDES VILLAGE LLC Address: 512 Seventh Avenue, 15th Floor New York, NY 10018 The foregoing instrument was acknowledged before me by Joseph Chetrit, the Manager of 392 FIFTH LLC, the Manager of CG TIDES VILLAGE LLC, on behalf of the Florida limited liability company. He is personally known to me or- has-predieed, ---_- as identification. Witness my signature and official seal this day of K v�� 2017, in the County and State aforesaid. Ay:,\L-612,-SLL1 Notary Public -State of 'PPA,t.) 4t)(0 Print Name My Commission Expires: LOIS NUTTER SANCHEZ Notary Public, State of New York No. 011- IU5042516 Qualified In Queens County Commission Expires April 24, 20 Amendment to Grant of Easement for Air Rights Page 5 of 6 Signed, sealed executed and acknowledged on it( day of Al , 2017 IN WITNESS WHEREOF, Grantor has caused these presents to be signed in their name by their proper officials. STATE OF 10 ) ) SS COUNTY OF ) GRANTEE: CG TIDES VILLAGE I LLC, a Florida limited liabilit co pany; ) By: Jos ph Chetrit, Manager of 392 FIFTH LLC, t Manager of CG TIDES VILLAGE I LLC Addre s; 512 Seventh Avenue, 15th Floor New York, NY 10018 The foregoing instrument was acknowledged before me by Joseph Chetrit, the Manager of 392 FIFTH LLC, the Manager of CG TIDES VILLAGE I LLC, on behalf of the Florida limited liability company. He is personally known to me-er-has-preductrd----------. as identification. Witness my signature and official seal this ) 4 day of ,0114,0- 2017, in the County and State aforesaid. p '4A, INF AAA— Notary Public-State of CA,t,v0 if)(LAL Print Name My Commission Expires: LOIS HUTTER SANCHEZ Notary Public, State of New York No. 01HU5042510 Qualified in Queens County Commission Expires April 24, 20.1:1 Amendment to Grant of Easement for Air Rights Page 6 of 6 Signed, sealed executed and acknowledged on day of ,20/1. IN WITNESS WHEREOF, Grantor has caused these presents to be signed in their name by their proper officials. STATE OF J &U COUNTY OF SS GRANTEE: CG TIDES VILLAGE II LLC, a Florida limited liability compan By: M Address: rt , lylanager 512 Seventh Avenue, 15th Floor New York, NY 10018 The foregoing instrument was acknowledged before me by Meyer Chetrit, the Manager of CG TIDES VILLAGE H LLC, on behalf of the Florida limited liability company. He is personally known to me $rH :tas -pr , as identification. Witness my signature and official seal this day of uS.� 2017, in the County and State aforesaid. My Commission Expires: Notary Public -State of 1 Print Name LOIS NUTTER SANCHEZ Notary Public, State of New York No. 011HU5042516 Qualified In Queens County 1, Commission Expires Aprfl 24, 20_ MIAMI BEACH Resolutions - C7 C COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK, SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY'S OFFICE AND PUBLIC WORKS DEPARTMENT, TO EXECUTE AN AMENDMENT TO THE GRANT OF EASEMENT FOR AIR RIGHTS, ATTACHED AS EXHIBIT 1, PROVIDED TO CG TIDES, LLC, CG TIDES VILLAGE, LLC, CG TIDES VILLAGE I, LLC AND CG TIDES VILLAGE II, LLC (COLLECTIVELY THE "APPLICANTS " }, LOCATED AT 1201 -1225 COLLINS AVENUE, UNDER CITY RESOLUTION 2012- 28003, IN ORDER TO MODIFY THE SITE PLAN IN ORDER TO AUTHORIZE AN ENCLOSED ELEVATED PEDESTRIAN BRIDGE SPANNING THE 20 -FOOT PUBLIC RIGHT -OF -WAY OF OCEAN COURT. ANALYSIS CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC, (collectively, Applicants) are the owners of the 8 -story Tides Hotel at 1220 Ocean Drive; a surface parking lot at 1201 Collins Avenue; the 3 -story Molbar Building at 1221 Collins Avenue; and the 2 -story Splendor Building at. 1225 Collins Avenue (collectively, the Properties). The Applicants requested and received approval from the City's Historic Preservation Board (HPB), pursuant to HPB Order No. 5477, to redevelop the Properties. Additionally, at its regular meeting on April 10, 2012, the HPB, pursuant to HPB Order No. 7303, approved a proposed pedestrian bridge. The Applicants unified the Properties by installing an elevated pedestrian bridge across the Ocean Court right -of -way, located at the second level of the Tides Hotel, and connected to the second level of the rear of the approved addition to the Molbar Building. At its September 12, 2012 meeting, the City Commission, pursuant to Resolution No. 2012- 28003, granted the Applicants an air rights easement for a pedestrian bridge 16 feet above ground - level, with a width of 9 feet 1 inch (9'1"), in exchange for $250,000, payable in installments. At its May 9, 2017 meeting, the Historic Preservation Board, under HPB file number HPB17 -0105, approved the modification of the pedestrian bridge that spans Ocean Court, between the Tides Hotel (1220 Ocean Drive) and Tides Village (1201 — 1225 Collins Ave), specifically to enclose the previously open air sides of the bridge with all glass. The size and footprint of the bridge and easement over the right -of -way remain completely unchanged, but as the original air rights easement agreement was tied to a design, the Mayor and Page 298 of 2353 City Commission are required to authorize the modification to the scope of the design. The Mayor and City Commission through recent communications, have voiced no objection to the Applicant's request. Attached is the First Amendment to the Air Rights Easement Agreement with the Applicant. Legislative Tracking Public Works ATTACHMENTS: Description o Renderings n Sketch and Legal � HP8 letter u tides, grant of se easement D tides, reso Page 299 of 2353 REVISIONS / SUBMISSIONS O O 91bs YS33 'a x30NI i a]noo SURVEY (19(10000 II 0,1 WOO dlIVN1SON MMM SlIVON OIS0 0IV OLIINNVId NOIS3O i101>131NI aLIOLO3LHOW d d N 11 1 8 0 V '' 1 3 1 m I fly °o Q O 6E =11 1-10006 WIN 3002AV S NIll0O 93ZL.LOZI'3/112101LV3000721 DOOM Nt/Ri1S3add 53011 LO SHEET NAME COVER/SHEET INDEX SURVEY LOCATION MAPS SITE PHOTOS BRIDGE PHOTOS RENDERINGS RENDERINGS RENDERINGS DEMOLITION PLAN EXISTING BUILDING - LEVEL 2 PROPOSED BRIDGE - LEVEL 2 PROPOSED BRIDGE DETAIL ELEVATIONS BRIDGE PLANS BRIDGE SECTION BRIDGE ELEVATIONS DPE OF WORK : DIFICATION OF HPB ORDER NO. 7303 TO LOSE APPROVED PEDESTRIAN BRIDGE AND LKWAY WITH GLASS. 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W g 2 0. ��� 7 W vv \,XL‘\:,v� Cl_ 'CT; C4 O. .8 dg -(� 1 mo 09 4$ .0901 a 0 o .5 . y IIDGE SECTION - AT POOL DECK .oe $ .mm PROPOSED BRIDGE SECTION AT POOL DECK % .vz ',Al LL� x ..i Cl W 0 Ce M ® m r, SKP,'TCH TO ACCOMPANY LEGAL D kSCRIPTION TIDES BRIDGE CONNECT /ON EASEMENT C; LEGEND; —1E-- DENOTES CENTER LINE -P/W- — DENOTES RIGHT OF WAY LINE P.B. DENOTES PLAT BOOK PG, DENOTES PACE P.O.C. DENOTES POINT OF COMMENCEMENT P. 0.8 DENOTES POINT OF BEGINNING LOT 12 0 N00 °00'35 "E o ' 9.08' C9--- I P.D.B. 0 rn In 7d o — J !� , LL c\I co c) o° °� z W �m0 C2) I� O S89 °59'25 "5 20.00 N89'59 '25 "W 20.00 P.O. C. 5, 5. CORNER LOT 9 BLOCK 17 (P.B. 2 — PG. 56) rn I 0 ov 12th STREET • c, \11 ;0 TIDES BRIDGE CONNECTION EASEMENT FROM ELEV. 22.75' TO ELEV 33,25' N, C. V D. 1 929 (181,6 sq, ft) LOT 5 S00 °00'35 "W 9.08' ca c U 0 LLJ WE4ST LINE OF LOT6 1' N J aZG -eZ. e-~ %dLG,1Z:12 6, ' 14,3di' 4 Za. LAND SURVEYORS- ENGINEERS -LAND PLANNERS - ,240 C0RP0RA: EW `j : MIRAMAR, :FL 33025 PHONE No.(954)435 -7010 X. 0,o(954)4'8-5258 ;,� ORDER N0, 199849 P R E R A R E NY) ,TM'\VI ' DATE: APRIL 27, 2012 .. MARK STEVEN4'J0HNSONO �'SEC'Y & TREAS. FLORIDA PROFEZSION\L ;LAND, $Ut'VEYOR No, 4775 SHEET 1 OF 2 SHEETS THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No, LB-87 0 REVISIONS LEGAL DESCRIPTION TO ACCOMPANY SKETCH TIDES BRIDGE CONNECTION EASEMENT A PORTION OF 20 FOOT PUBLIC ALLEY (OCEAN COURT), OCEAN BEACH, FLA, ADDITION NO. 2, BLOCK 17, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI —DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 17, OCEAN BEACH, FLA, ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF, AS. RECORDED IN PLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI —DADE COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 00 MINUTES 35 SECONDS EAST, ALONG THE EAST LINE OF LOTS 9 THROUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2, FOR 139.39 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 00 MINUTES 35 SECONDS EAST FOR 9.08 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 25 SECONDS EAST FOR 20.00 FEET TO THE WEST LINE OF LOT 6 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO, 2; THENCE SOUTH 00 DEGREES 00 MINUTES 35 SECONDS WEST, ALONG 5,410 LINE FOR 9.08 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 25 SECONDS WEST FOR 20.00 FEET TO THE POINT OF BEGINNING. SAID BRIDGE CONNECTION EASEMENT LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22.75 FEET AND ELEVATION 33,25 FEET NATIONAL GEODETIC VERTICAL DATUM 1929, SAID EASEMENT CONTAINING 181.6 SQUARE FEET. LYING AND BEING IN SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI— DADE COUNTY, FLORIDA. NORTH 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF LOTS 9 THROUGH 1 /. OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2. 2) ORDERED BY: BERCOW RADELL & FERNANDEZ, P.A. 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION(' ' MUST:. ,BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR, i' l. ' f`) = ... SHEET 2 OF 2 SHEETS LAND SURVEYORS- ENGINEERS -LAND PLANNERS. 34-D CORPORATE WAY -MI:R. MAR, FL, ;33025 PHONE No.(954)435 --7010 Ak ,(954 3 - 2g8 ORDER N0, 199849 PREPARE►, r MY SU�' " VISION DATE APRIL 27, 2012 Ar' THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No, LB--87 REVISIONS MARk s7EVEIJ,.(QT-1NSONI` TREAS, _. SEC'Y,'. & FLORIDA PROFESSIONAL LAND, SURVEYOR No. 4775 age o 3 CFN: 20170282188 BOOK 30539 PAGE 1311 DATE:05/18/2017 12:17:31 PM HARVEY RUVIN, CLERK OF COURT, MIA -DADE CTY HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: May 9, 2017 FILE NO: HPB17 -0105 PROPERTY: 1220 Ocean Drive and 1201 -1225 Collins Avenue APPLICANT: CG Tides LLC LEGAL: 1220 Ocean Drive Lots 6 & 7, Block 17 of OCEAN BEACH ADDITION NO. 2, according to the plat thereof recorded in Plat Book 6, Page 83 of the public records of Miami Dade County, Florida. 1201 -1225 Collins Avenue Lots 9, 10, 11 and 12, Block 17 of OCEAN BEACH ADDITION NO. 2, according to the plat thereof recorded in Plat Book 2, Page 56 of the public records of Miami Dade County, Florida. IN RE: The Application for the partial demolition of the existing Tides Hotel at the pool deck level, and the construction of a new elevated pedestrian bridge spanning the alley, Ocean Court, and connecting to a previously approved project located at 1201 -1225 Collins Avenue. Specifically, the applicant is requesting to enclose the previously approved pedestrian bridge. SUPPLEM1ENTAL ORDER The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence,,_i:nformation; 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 site is located within the Ocean Drive /Collins Avenue Century 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: 1. Is consistent with the Certificate of Appropriateness Criteria in Section 118- 564(a)(1) of the Miami Beach Code. 2. Is consistent with Certificate of Appropriateness Criteria in Section 118- 564(a)(2) of the Miami Beach Code. is consistent with Certificate of Appropriateness Criteria in Section 118- 564(a)(3) of the Miami Beach Code. Page 312 of 2353 CFN: 20170282188 BOOK 30539 PAGE 1312 Page 2 of 4 HPB17 -0105 Meeting Date: May 9, 2017 4. Is consistent with Certificate of Appropriateness Criteria in Section 118 - 564(0(4) 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 and, at a minimum, such drawings shall incorporate the following: a. Final details of all surface finishes and materials for the bridge enclosure, including samples, shall be submitted, in a manner to be reviewed and approved I y staff consistent with the Certificate of Appropriateness Criteria and /or the directions from the Board. 2. An amendment to the Aerial Easement Agreement (Resolution 2012 - 28003) shall be reviewed and approved by the City Commission, prior to the issuance of a Building Permit for the glass enclosure. In accordance with Section 118 -537, the applicant, the owner(s) of the subject property, the City Manager, Miami Design Preservation League, Dade Heritage Trust, or an affected person may appeal the Boar'd's decision on a Certificate of Appropriateness to a special master appointed by the City Commission. II. Variance(s) A. No request for variances has been filed with this application. ...._. ... ....---- .- -.. ___ _ The decision. of_the_Board-regarding-variances-shall-be-final-and-there-shall-be-no-further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari, III. General Terms and Conditions applying to both 'l. Certificate of Appropriateness' and Variances' noted above. A. 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. B. The Supplemental Final Order shall be recorded in the Public Records of Miami -Dade County, prior to the issuance of a Building Permit, C. Where one or more parcels are unified for a single development, the property owner shall execute and record an unity of title or a covenant in lieu of unity of title, as may be applicable, in a form acceptable to the City Attorney. D. 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. Page 313 of 2353 CFN: 20170282188 BOOK 30539 PAGE 1313 Page 3 of 4 HPB17-0105 Meeting Date: May 9, 2017 E. The Supplemental Final Order is not severable, and if any provision or condition hereof i8 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. F, The previous Final Order dated April 10, 2012 shall remain in full force and effect, except to the extent modified herein, G. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all •successors in interest and assigns. H. 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 and adopted by the Board, that the application is GRANTED for the above-referenced project subject to those certain conditions specified in Paragraph 1, 11,111 of the Findings of Fact, to which the applicant has agreed, PROVIDED, the applicant shall build substantially in accordance with the plans entitled "Tides Pedestrian Bridge", as prepared by Kobi Karp Architecture and Interior Design, Inc., dated March 16, 2017 and February 2012 as amended and approved by the Historic Preservation Board, as determined by staff. 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 the approval 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 approval was granted, the application will expire and become null and void, unless the applicant makes an 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. 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 application will expire and become null and void, Page 314 of 2353 CFN: 20170282188 BOOK 30539 PAGE 1314 Page 4 of 4 HPB17 -0105 Meeting Date: May 9, 2017 In accordance with Chapter 118 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the and development regulations of the City Code. Failure to comply with this Order shall subject the application to Chapter 118 of the City Code, for revocation or modification of the application, Dated this /•° a day of M G( , 20127 STATE OF FLORIDA )SS COUNTY OF MIAMI -DADE ) H1STORIC PRESERVATION BOARD THE CITY • IAJ I BEACH, FLORIDA BY;� DEBORAH TAC''E`i CHIEF OF HISTORIC PR SERVATION FOR THE CHAIR The fore oing instrument was acknowledged before me this /yr day of 20/9 by Deborah Tackett, Chief of Historic Preservation, Planning Depa'tment, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of_ the - corporation : - She-is-personally-known-to-me. �Pr'4� MONIOUI r0N$ t /4.4",,t, MY COMMISSION :1031914 Bontorilthrough Ist)State!n$ tranos Approved As To Form: City Attorney's Office: NOTARY PUBLIC Miami -Dade County, Florida My commission expires: ? /7 oa4 (10,4 ) Filed with the Clerk of thestoric "'reservation Board on Stiike- -T-kiu denotes deleted language Underscore denotes new language F:I PLANT $HPB117HPB105- 09-2017\Draft Orders \HPB17 - 0108_1220 Collins Av. May17 ,5upplemental.F0,DRAFT,docx Page 315 of 2353