2017-29978 ResolutionRESOLUTION NO. 2017 -29978
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE A LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA), ATTACHED
AS EXHIBIT 1, BETWEEN THE CITY AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT), WHICH WOULD CONVEY FULL
LANDSCAPE MAINTENANCE RESPONSIBILITIES TO THE CITY, FOR
THE LANDSCAPING ON NORTHBOUND SR -A1A (COLLINS AVENUE),
BETWEEN 11TH STREET AND 12TH STREET; AND 1155 COLLINS, LLC.
(THE "OWNER ") OF 1155 COLLINS AVENUE (THE "PROPERTY "), WHO
HAS ALREADY EXECUTED A DECLARATION OF RESTRICTIVE
COVENANTS, ATTACHED HERETO AS EXHIBIT 2, WHICH COVENANT
TRANSFERS RESPONSIBILITY TO THE PROPERTY OWNER OF THE
LANDSCAPING IMPROVEMENTS AND MAINTENANCE COSTS
ASSOCIATED WITH THE MMOA FOR THE PORTION OF THE EAST SIDE
RIGHT -OF -WAY OF COLLINS AVENUE ABUTTING THE PROPERTY, AS
WELL AS THE PORTION OF THE SOUTH SIDE RIGHT -OF -WAY OF 12TH
STREET ABUTTING THE PROPERTY.
WHEREAS, to comply with City Code regulations, 1155 Collins, LLC. (hereinafter the
"Owner ") has requested to install the following described improvements in the public rights -of-
way adjacent to the Property (Collins Avenue and 12th Street); surface paving materials and
landscaping (the "Improvements ") substantially in accordance with the plans reviewed and
approved by the City's staff and Historic Preservation Board (HPB File No. 7298), entitled "New
Retail /Parking Building For: Surfstyle," prepared by Charles H. Benson & Associates Architects,
P.A., and dated July, 2015 (the "Plan "); and
WHEREAS, the Owner has applied to the Public Works Department for permission to
install the Improvements within the public rights -of -way of Collins Avenue and 12th Street
abutting the Property, according to the Plan; and
WHEREAS, the Florida Department of Transportation (FDOT) owns Collins Avenue and
the City owns 12th Street; and
WHEREAS, to install the improvements proposed under the HPB order along Collins
Avenue FDOT policy requires that the City enter into a Landscape Maintenance Memorandum
of Agreement (MMOA) , which would convey maintenance responsibilities for the enhanced
features installed along the right -of -way to the City after the project is installed by the Owner;
and
WHEREAS, in turn, the City, in approving the enhanced right -of -way landscaping and
sidewalk features, required the Owner to execute a declaration of restrictive covenants (the
"Declaration ") to ensure maintenance and reimbursement to the City of any costs incurred due
to the installation of the enhanced landscaping abutting the Property on Collins Avenue and
12th Street; and
WHEREAS, in anticipation of construction, the City approved and the Owner will record
the Declaration, which would reimburse the City for the enhanced landscaping and sidewalk
features, and as such the City's execution of the MMOA is the process by which to implement
the Improvements, and the Declaration is the City's assurance that the Owner will be
responsible for any costs the City may incur should FDOT contact the City to maintain Collins
Avenue, between 11th and 12th Streets, specifically for the portion of the right -of -way abutting
the Property, and any costs the City may incur for the portion of the right -of -way abutting the
Property on 12th Street; and
WHEREAS, the Declaration is consistent with the requirements of Section 98 -166, of the
City Code, for the Owner to maintain the sidewalks and landscaping fronting the above
referenced Property;
WHEREAS, the Administration recommends executing the attached Landscape
Maintenance Memorandum of Agreement with FDOT.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute a Landscape
Maintenance Memorandum of Agreement (MMOA), attached as Exhibit 1, between the City and
the Florida Department of Transportation (FDOT), which would convey full landscape
maintenance responsibilities to the City, for the landscaping on northbound SR -A1A (Collins
Avenue), between 11th street and 12th Street; and 1155 Collins, LLC. (the "Owner ") of 1155
Collins Avenue (the "Property "), who has already executed a Declaration of Restrictive
Covenants, attached hereto as Exhibit 2, which Covenant transfers responsibility to the Property
Owner of the landscaping improvements and maintenance costs associated with the MMOA for
the portion of the east side right -of -way of Collins Avenue abutting the Property, as well as the
portion of the south side right -of -way of 12th Street abutting the Property.
PASSED AND ADOPTED this V day of S(p Cotb-er 2017.
ATTEST:
Philip Levin . a r.or
Rafael Granado, Ci Cle
APPROVED AS TO
FORM & LANGU GE
& FOR EXECU • N
•
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Resolutions - C7 D
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 CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT (MMOA), ATTACHED AS EXHIBIT 1,
BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT), WHICH WOULD CONVEY FULL LANDSCAPE MAINTENANCE
RESPONSIBILITIES TO THE CITY, FOR THE LANDSCAPING ON
NORTHBOUND SR -AIA (COLLINS AVENUE), BETWEEN 11TH STREET AND
12TH STREET; AND 1155 COLLINS, LLC. (THE "OWNER ") OF 1155 COLLINS
AVENUE (THE "PROPERTY "), WHO HAS ALREADY EXECUTED A DECLARATION
OF RESTRICTIVE COVENANTS, ATTACHED HERETO AS EXHIBIT 2, WHICH
COVENANT TRANSFERS RESPONSIBILITY TO THE PROPERTY OWNER OF
THE LANDSCAPING IMPROVEMENTS AND MAINTENANCE COSTS
ASSOCIATED WITH THE MMOA FOR THE PORTION OF THE EAST SIDE
RIGHT -OF -WAY OF COLLINS AVENUE ABUTTING THE PROPERTY, AS WELL AS
THE PORTION OF THE SOUTH SIDE RIGHT- OF -WAY OF 12TH STREET
ABUTTING THE PROPERTY.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
In order to comply with City Code regulations, 1155 Collins, LLC. (hereinafter the "Owner "), has
requested to install surface paving materials and landscaping improvements (the "Improvements "), in
the public rights -of -way, adjacent to the Property on Collins Avenue and 12th Street.
These improvements will be done in accordance with the plans reviewed and approved by the City's
staff and Historic Preservation Board (HPB File No. 7298), entitled "New Retail /Parking Building
For: Surfstyle," prepared by Charles H. Benson & Associates Architects, P.A., and dated July, 2015
(the "Plan ").
The Owner has submitted a request to the Public Works Department to install the improvements
within the public right -of -way of Collins Avenue and 12th Street abutting the Property, according to
the Plan.
Collins Avenue falls within the jurisdiction of the Florida Department of Transportation (FDOT), and
12th Street falls within the jurisdiction of the City of Miami Beach. In order to install the
Page 324 of 2353
improvements proposed under the HPB order along Collins Avenue, FDOT policy requires that the
City enter into a Landscape Maintenance Memorandum of Agreement (MMOA), which would convey
maintenance responsibilities for the enhanced features installed along the right -of -way to the City
after the project is installed. Following the approval process of the enhanced right -of -way
landscaping and sidewalk features, the City requires the Owner to execute a declaration of restrictive
covenants (the "Declaration "), to ensure maintenance and reimbursement to the City of any costs
incurred due to the installation and maintenance of the enhanced landscaping abutting the Property
on Collins Avenue and 12th Street.
The Owner has obtained approval from the City for the improvements and now is in the process
of recording the Declaration. Per the Declaration, the Owner will be responsible for any costs the
City may incur, should the City be contacted by FDOT to maintain Collins Avenue, between 11th and
12th Streets, specifically for the portion of the right -of -way abutting the Property, and any costs the
City may incur for the portion of the right -of -way abutting the Property on 12th Street.
The Declaration is consistent with the requirements of Section 98 -166, of the City Code, for the
Owner to maintain the sidewalks and landscaping fronting the above referenced Property.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
D 1155 MMOA agreement
a 1'155 declaration of rest. cov
D 1155 RESO UPDATED
Page 325 of 2353
FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE AND BONDED AGGREGATE SURFACES
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on , 20, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter called the DEPARTMENT,
and the CITY OF MIAMI BEACH, a municipal corporation of the State
of Florida, hereinafter called the. CITY, and collectively referred
to as the PARTIES.
RECITALS:
A. The DEPARTMENT has jurisdiction over State Road (SR) A1A
(Collins Avenue) from 11th Street to 12th Street, which is
located within the limits of the CITY; and
B. The CITY, pursuant to Permit Numbers 2017 C 691 02 and 2017
L 691 07, has drafted design plans for beautification
improvements along SR -A1A (Collins Avenue), the limits of
which are described in the attached Exhibit `A' (the PROJECT
LIMITS), which by reference shall become a part of this
AGREEMENT; and
C. The CITY will install landscape and bonded aggregate surfaces
along SR -A1A within the PROJECT LIMITS, in accordance with
the design plans for Permit Numbers # 2017 C 691 02 and 2017
L 691 07 (the "Project "); and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting forth
the responsibilities of each party with regards to the
maintenance of the landscape and bonded aggregate surfaces
installed pursuant to the Project; and
E. The CITY, by Resolution No. , dated
attached hereto as Exhibit `B', which by reference shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the PARTIES covenant and agree as follows:
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 1 of 14
1. RECITALS
The recitals in this AGREEMENT are true and correct, and are
incorporated herein by reference and made -a part hereof.
2. ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the landscape and bonded aggregate surfaces
(collectively the "IMPROVEMENTS ") within the PROJECT LIMITS
to the CITY upon the DEPARTMENT's issuance of the executed
Permit to the CITY.
3. CITY'S MAINTENANCE RESPONSIBILITIES
So long as the IMPROVEMENTS remain in place, the CITY shall
be responsible for the maintenance of the same. The CITY
shall maintain the IMPROVEMENTS in accordance with all
applicable DEPARTMENT guidelines, standards, and procedures,
which shall include but shall not be limited to the
Maintenance Rating Program Handbook, as may be amended from
time to time. Additionally, with respect to the landscape,
the CITY shall maintain same in accordance with the
International Society of Arboriculture standards, guidelines
and procedures, the latest edition of the "Maintenance Rating
Program ", and Index 546 of the latest DEPARTMENT Design
Standards, as may be amended from time to time. The CITY
shall further maintain the IMPROVEMENTS in accordance with
the standards set forth in the Project Plans, and in the
Project Specifications and Special Provisions. The CITY's
maintenance obligations shall include but not be limited to:
3.1 General Requirements:
a. Removing and disposing of litter from PROJECT LIMITS
in accordance with all applicable government rules,
regulations; policies, procedures, guidelines, and
manuals, as amended from time to time
b. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 3.2 through 3.3.
c. Maintaining a service log of all maintenances
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 2of14
operations that sets forth the date of the maintenance
activity, the location that was maintained, and the
work that was performed.
d. Submitting Lane Closure Requests to the DEPARTMENT
when maintenance activities will require the closure
of a traffic lane in the DEPARTMENT's right -of -way.
Lane closure requests shall be submitted through the
District Six Lane Closure Information System, to the
DEPARTMENT's area Permit Manager and in accordance
with the District Six Lane Closure Policy, as may be
amended from time to time.
3.2 Landscape and all associated improvements:
a. Mowing, cutting and /or trimming and edging the grass
and turf within the PROJECT LIMITS.
b. Pruning all plant materials, which include trees,
shrubs and ground covers, and parts thereof, including
all material from private property encroaching into
the DEPARTMENT'S Right -of -Way.
c. All pruning and trimming will follow the Maintenance
Rating Program Handbook which specifically requires
no encroachment of trees, tree limbs or vegetation in
or over travel way (or clear zone) lower than 14.5
feet, or lower than 10 feet over sidewalks.
d. Removing and properly disposing of dead, diseased or
otherwise deteriorated plants in their entirety, and
replacing those that fall below the standards set
forth in the Project Plans and in the Project
Specifications, incorporated herein by reference, and
all applicable DEPARTMENT guidelines, standards and
procedures, as may be amended from time to time. All
replacement materials shall be in accordance with the
Project Plans and the Project Specifications and
Special Provisions.
e. Mulching all plant beds and tree rings.
f. Removing and disposing of all undesirable vegetation
including but not limited to weeding of plant beds
and removal of invasive exotic plant materials.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 3 of 14
g. Watering and fertilizing all plants as needed to
maintain the plant materials in a healthy and vigorous
growing condition.
h. Repairing irrigation systems and associated
components as needed. Paying for all water use and
all costs associated therewith.
i. Repairing decorative lighting systems as needed.
Paying for all electricity and all costs associated
therewith.
J.
Removing and disposing of litter from roadside and
median strips in accordance with all applicable
government rules, regulations, policies, procedures,
guidelines, and manuals, as amended from time to time.
k. Repairing all sidewalks damaged by landscaping found
inside and outside the DEPARTMENT'S Right -of -Way.
1. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 3.A through 3.K.
3.3 Bonded Aggregate Surfaces:
a. Performing routine and regular inspections of the
bonded aggregate surfaces to ensure that the surface
is fully functional; identifying damage and /or
malfunctions in the surfaces; and repairing and /or
replacing damaged bonded aggregate surfaces to ensure
surfaces are maintained in accordance with all
applicable DEPARTMENT guidelines, standards, and all
applicable American with Disabilities Act (ADA)
requirements, as amended from time to time.
b. The CITY shall conduct annual condition surveys of
the bonded aggregate surfaces for gaps, settlement,
drop -offs and other deficiencies described in this
AGREEMENT for the life of the boned aggregate. Ensure
and document in this survey that the surface friction
of the bonded aggregate surface meets or exceeds the
surface friction of the existing concrete sidewalk
areas.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 4 of 14
c. Gaps within the bonded aggregate surfaces shall not
exceed a quarter (1/4) of an inch. Gaps at the`
interface (perimeter) between the bonded aggregate,
surfaces and the adjacent concrete sidewalk(s) shall
not exceed a quarter (1/4) of an inch. This
requirement also applies to adjacent areas of existing
concrete sidewalk(s) that have been impacted by the
trees planted within the bonded aggregate surfaces.
d. Differential settlement within the bonded aggregate
surfaces shall not exceed a quarter (1/4) of an inch
in depth. Differential settlement at the interface`
(perimeter) between the bonded aggregate surfaces and
the adjacent concrete sidewalk(s) shall not exceed a
quarter (1/4) of an inch in depth. This requirement
also applies to adjacent areas of existing concrete
sidewalk(s) that have been impacted by the trees
planted within the bonded aggregate surfaces.
e. When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within ninety
(90) days of the date the deficiency is identified.
The CITY shall submit all services logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator as required
in the above maintenance responsibilities.
The DEPARTMENT may, at its sole discretion, perform periodic
inspection of the IMPROVEMENTS to ensure that the CITY is
performing its duties pursuant to this AGREEMENT. The
Department shall share with the CITY its inspection findings,
and may use those findings as the basis of its decisions
regarding maintenance deficiencies, as set forth in Section
4 of this AGREEMENT. The CITY is responsible for obtaining
copies of all applicable rules, regulations, policies,
procedures, guidelines, and manuals, and the Project
Specification and Special Provisions, as may be amended from
time to time.
4. MAINTENANCE DEFICIENCIES
If at any time it shall come to the attention of the
DEPARTMENT that the CITY's responsibilities as established
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Page 5 of 14
herein are not being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
issue a written notice, in care of the CITY MANAGER, to
notify the CITY of the maintenance deficiencies. From the
date of receipt of the notice, the CITY shall have a period
of thirty (30) calendar days, within which to correct the
cited deficiency or deficiencies. Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said deficiencies are not corrected within this time
period, the DEPARTMENT may, at its option, proceed as
follows:
a. Maintain the IMPROVEMENTS, or a part thereof and invoice
the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all of the IMPROVEMENTS located within
the PROJECT LIMITS, and charge the CITY the reasonable
cost of such removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or given
hereunder, shall be in writing and shall be sent by certified
U.S. mail, return receipt requested, postage prepaid,
addressed to the party to receive such notices as follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172 -5800
Attn: District Maintenance Engineer
To the CITY:
City of Miami Beach
1700 Convention Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof unless
proof of prior actual receipt is provided.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 6 of 14
6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS
a. The PARTIES agree that the IMPROVEMENTS addressed by
this AGREEMENT may be removed, relocated or adjusted at
any time in the future, at the DEPARTMENT'S sole
discretion. In the event that the DEPARTMENT relocates
or adjusts the IMPROVEMENTS, the CITY's maintenance
responsibilities will survive the relocation or
adjustment, as long as the materials remain within the
PROJECT LIMITS.
b. In the event that the DEPARTMENT is required to replace
the sidewalk at any time as part of maintenance
activities, a roadway project, or related construction
activities, the DEPARTMENT shall replace the same as a
concrete type sidewalk, and the CITY's maintenance
obligations under this AGREEMENT shall terminate.
However, the CITY may, with the approval of the
DEPARTMENT, upgrade the sidewalk type at its sole cost
and expense with the understanding that the CITY shall
assume all maintenance obligations for the upgraded
sidewalk, and enter into a new maintenance agreement.
7. TERMINATION
In addition to the provisions of Section 6 (b) hereunder, this
AGREEMENT is subject to termination under any one of the
following conditions:
a.By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following the
thirty (30) days written notice, as specified in Section
4 of this AGREEMENT.
b. In accordance with Section 287.058(1) (c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents, papers,
letters, or other materials made or received by the CITY
pertinent to this AGREEMENT unless the records are
exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), of the Florida
Statutes.
c. If mutually agreed to by both parties, upon thirty (30)
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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days written advance notice. An agreement to terminate
shall be valid only if made in writing and executed with
the same formalities as this AGREEMENT.
d. By the CITY, upon thirty (30) days advance written
notice to the DEPARTMENT.
Prior to termination of the AGREEMENT under this Section,
the CITY shall, at its sole cost and expense, remove all the
IMPROVEMENTS and restore the area to a standard concrete
sidewalk, in accordance with the DEPARTMENT'S guidelines,
standards, and procedures, and to the satisfaction of the
DEPARTMENT, and shall further any remaining IMPROVEMENTS,
and restore the area to the same or similar condition as
existed prior to the installment of the IMPROVEMENTS, in
accordance with the DEPARTMENT'S guidelines, standards, and
procedures, and to the satisfaction of the DEPARTMENT.
8. TERMS
a. The effective date of this AGREEMENT shall commence upon
execution by the PARTIES and shall continue so long as
the IMPROVEMENTS remain in place until termination as
set forth in Section 7.
b. E-Verify
The CITY shall:
i. Utilize the U.S. Department of Homeland
Security's E- Verify system to verify the
employment eligibility of all new employees
hired by the Vendor /Contractor during the term
of the contract; and
ii. Expressly require any subcontractors performing
work or providing services pursuant to the state
contract to likewise utilize the U.S. Department
of Homeland Security's E- Verify system to verify
the employment eligibility of all new employees
hired by the subcontractor during the contract
term. (Executive Order Number 2011 -02)
The CITY shall insert the above clause into any contract
entered into by the CITY with vendors or contractors
hired by the CITY for purposes of performing its duties
under this AGREEMENT.
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c. This writing embodies the entire AGREEMENT and
understanding between the PARTIES hereto and there are
no other agreements and understanding, oral or written,
with reference to the subject matter hereof that are
not merged herein and superseded hereby.
d. This AGREEMENT shall not be transferred or assigned, in
whole or in part, without the prior written consent of
the DEPARTMENT.
e. This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the AGREEMENT.
f. Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Leon County,
Florida.
g.A modification or waiver of any of the provisions of
this AGREEMENT shall be effective only if made in
writing and executed with the same formality as this
AGREEMENT.
i.The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
j. No term or provision of this AGREEMENT shall be
interpreted for or against either Party because the
Party or its legal representative drafted the provision.
k. The DEPARTMENT is a state agency, self - insured and
subject to the provisions of Section 768.28, Florida
Statutes, as may be amended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT's sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768.28, Florida
Statutes.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 9of14
9. INDEMNIFICATION
Subject to Section 768,28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly indemnify,
defend, save and hold harmless the DEPARTMENT, its officers,
agents, representatives and employees from any and all
losses, expenses, fines, fees, taxes, assessments,
penalties, costs, damages, judgments, claims, demands,
liabilities, attorneys fees, (including regulatory and
appellate fees), and suits of any nature or kind whatsoever
caused by, arising out of, or related to the CITY's exercise
or attempted exercise of its responsibilities as set out in
this AGREEMENT, including but not limited to, any act,
action, neglect or omission by the CITY, its officers,
agents, employees or representatives in any way pertaining
to this AGREEMENT, whether direct or indirect, except that
neither the CITY nor any of its officers, agents, employees
or representatives will be liable under this provision for
damages arising out of injury or damages directly caused or
resulting from the negligence of the DEPARTMENT.
The CITY's obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT's option, to
participate and associate with the DEPARTMENT in the defense
and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the CITY's
receipt of the DEPARTMENT's notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT's
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY shall pay all costs and reasonable attorney's fees
related to this obligation and its enforcement by the
DEPARTMENT. The indemnification provisions of this section
shall survive termination or expiration of this AGREEMENT,
but only with respect to those claims that arose from acts
or circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY's evaluation of liability or its inability to
evaluate liability shall not excuse the CITY's duty to defend
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Page 10 of 14
and indemnify the DEPARTMENT under the provisions of this
section. Only an adjudication or judgment, after the highest
appeal is exhausted, specifically finding the DEPARTMENT was
solely negligent shall excuse performance of this provision
by the CITY.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH:
BY:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY:
District Director of
Transportation Operations
Executive. Secretary
District Chief Counsel
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 12 of 14
EXHIBIT °A'
PROJECT LIMITS
Below are the limits of the IMPROVEMENTS to be maintained by the
CITY under this AGREEMENT.
State Road Number: AlA
Local Street Names: Collins Avenue
Agreement Limits: From 1lth Street to 12th Street
County: Miami -Dade
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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EXHIBIT `B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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This instrument prepared by:
Name: Matthew Amster, Esq,
Address: Bercow Paden Fernandez & Larkin, PLLC
200:8. Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space above reserved for clerk)
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS IN THE PUBLIC RIGHTS-OF-WAY
This Declaration of Restrictive Covenants Regarding Improvements in the Public Rights-of-Way
("Declaration") is entered into this 14th day of Audust , 2017, by 1155 COLLINS
LLC, (the "Owner"), Florida limited liability companies and in favor of the City of Miami Beach,
Florida, a municipality of the State of Florida (the "City").
WHEREAS, the Owner holds fee simple title to the properties located at 1155 Collins
Avenue, City of Miami Beach, Florida (the "Property"), legally described in Exhibit "A";
WHEREAS, the Owner has obtained development approvals from the City's Historic
Preservation Board (HPB File No, 7298), see Exhibit "B" to redevelop the Property with a
commercial development;
WHEREAS, the City requires the Owner to install landscaping and associated
improvements in the public rights-of-way, specifically portions of Collins Avenue and 12th Street,
abutting the Property (the "Improvements") substantially in accordance with the plans reviewed
and approved by the City's Historic Preservation Board (HPB File No. 7298), entitled "New
Retail/Parking Building for: Surfstyle" prepared by Charles Benson & Associates Architects,
P.A., and dated July 20, 2015 (the "Plan") attached hereto as Exhibit "C";
WHEREAS, the portions of Collins Avenue abutting the Property are subject to a
Landscape and Bonded Aggregate Surface Maintenance Memorandum of Agreement between
the State of Florida Department of Transportation and the City (the "MMOA") dated
attached hereto as Exhibit "D";
WHEREAS, the Owner, has applied to the Public Works Department for permission to
install the improvements within the public rights-of-way, according to the Plan; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged including consideration of the approval of the right-of-way permit
and/or plans approved by the Public Works Department, the Owner voluntarily covenants and
agrees that the Property shall be subject to the following restrictions that are intended and shall
be deemed to be covenants running with the land and binding upon the Owners of the Property,
their successors in interest and assign, as follows:
1. The recitals and findings set forth in the preamble of this Declaration are hereby
adopted by reference thereto and incorporated herein as if fully set forth in the
Section,
Page 340 of 2353
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT-OF-WAY
2. The Owner covenants and agrees as follows:
a. To install and maintain the Improvements as depicted in Exhibit "C" for
as long as the Owner, and his, her, or its successors and assigns own
the Property; and
b. To replace, restore and/or repair the Improvements as depicted in
Exhibit "C" at Owner's expense, in the event the Public Works
Department must issue an underground utility or right-of-way permit for
work in that area; and
c. To hereby grant to the City the right to remove, add, repair, maintain,
replace or have the Owner remove, add, repair, maintain, replace any
of the Improvements as depicted In Exhibit "C" within the right-of-way,
at Owner's expense, in the event the City determines in its reasonable
discretion that such action is required; and
d. To add the City as additional named insured on the Certificates of
Insurance for Liability and Workmen's Compensation for a coverage in
the minimum limits as approved by the City's Risk Manager.
e. The City has the right to remove, repair, restore the area and charge
the costs of all work (direct costs plus overhead and administration
charges) to the Owner. Should Owner fail to pay for the work performed
by the City will result in a lien being placed against the Owner's
Property, and/or a collection action to be filed in Circuit Court.
f To be bound by the City's maintenance responsibilities imposed under
the MMOA attached as Exhibit "D" for the portions of Collins Avenue
abutting the Property.
3. This voluntary Declaration shall remain in full force and effect and shall be binding
upon the Owner of the Property, their successors in interest and assigns for an
initial period of thirty (30) years from the date this Instrument is recorded in the
public records, and shall be automatically extended for successive periods of
ten (10) years, unless modified, amended or released prior to the expiration
thereof.
4. This Declaration may be modified, amended or released as to any portion of
the Property by a written Instrument executed by the then Owner 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 Public Works Director
of the City, or his designee, or the successor administrative officer with
jurisdiction over the matter, Should this instrument be so modified, amended or
released the Public Works Director, or his successor, or other administrative
officer with Jurisdiction over the matter, shall execute a written instrument in
recordable form effectuating and acknowledging such modification, amendment
or release.
Page 341 of 2353
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT-OF-VVAY
5. Invalidation of any provision of this Declaration by judgment of Court shall not affect
any of the other provisions of this Declaration, which shall remain in full force and
effect.
6. This Declaration shall be recorded in the Public Records of Miami-Dade County,
Florida, at the cost of the Owner.
7, R is understood and agreed that any official inspector of the City may have the
right, upon reasonable prior written notice to Owner, at any time during normal
working hours of entering and investigating the use of the Property, to determine
whether the conditions of this Declaration are being complied with.
8. An action to enforce the terms and conditions of this Declaration may be brought
by the City and may be by action at law or in equity against any party or person
violating or attempting to violate any provision of this Declaration either to
restrain violations or to recover damages. The prevailing party in the action or
suit shall be entitled to recover costs and reasonable attorneys' fees, at all levels
of trial and appeal. This enforcement provision shall be in addition to any other
remedies available under the law.
9. The Owner, and their successors and assigns, hereby agree to indemnify and
hold harmless the City, its officers and employees, from any and all liability that
may arise by virtue of the City permitting the installation of these items,
10. All notices, demands, requests, or other communications which may be or are
required to be given, served, or sent by either the Grantor or Grantee pursuant to
this Declaration shall be in writing and addressed as follows:
If to Grantor: 1155 COLLINS LLC
Attn: Joseph Chetrit
2915 Biscayne Blvd, Suite 300
Miami, FL 33137
With copies to: Bercow Radell Fernandez & Larking, PLLC
Attn: Matthew Amster, Esq.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
If to the Grantee: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Page 342 of 2353
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT-OF-WAY
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 Wor s Dir ctor
APPROVED AS TO
FORM & LANGUAGE
Dat
[EXECUTION PAGES TO FOLLOW]
Page 343 of 2353
DECLARATION OI Ikt`STRICTIVI-!::.COVENANTS...
Rt!Atw1NG I MOVIW.IENT$.-0)7 TH KI4C...R.J,PflTh4 PANAY:
Signed, sealed 'executed and a&noW.10dged oti it., day �f 20
IN WIDNEA 9,WHEREOF ; '(rantor has caused Mete, present3 to be:signed in theirnarns
by -their riropor offlotals,,
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The-fOregditig trunifentWa*W.RhoWjedgod :beforq rne by Joseph 'Obotrit, the Viatiaget
00110.5 cOLLINS,'LLO, the Manager ,..Of 110 00,11INS LL on-1.4110.0'0o ilmited=
itaOltity'oornpany, !Ho is ';I:).ors-onak.known.lo hie Of
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Page 344 of 2353
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Page 345 of 2353
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HISTORIC PRESERVATION BOARD
City of NIlarni Beach, Florida
MEETING DATE; April 10, 2012
FILE NO: 7208
PROPERTY: 1166 Collins Avenue — jela
LGAL;
IN RE;
PoisoW
CIRIIFICATION
THAT MAO (01)NEXT
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Lots 13 84 14, Block 16 of Ocean Beach addition 02, According to the Plat
Thereof, as Recorded in Plat Book 2, Page $6, of the Public Reoords of
Mlami-Dade County, Florida,
The Application for a Certificate of Appropriateness for the construction of a
new 3-story commercial building with accessory parking, including parking
at the roof deck, on a site that currently contains a parking lot.
,Q,AALE
The applicant, b.Y. 10 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 vacant site Is located within the Ocean DrivelOollins Avenue Local Historic and
Notional Register Architectural Districts,
B, Based on the pions and documents submitted with the app testimony and
information provided by the applicant, and the reasons set forth in the Planning Department
Staff Report, the proleot as submitted is consistent with the Certificate of Appropriateness
Criteria In Section 11843600(1) of the Miami each Code, is not consistent with Certificate
of Appropriateness Criteria 'd' in Section 118-564(a)(2) of the Miami Beach Code, and Is not
consistent with Certificate of Appropriateness Criteria lo', anti 'g-1' in Section 418.564(a)(3)
of the Miami Beach Code,
C. The prolect would be consistent with the criteria and requirements of section 118-664 if the
following conditions are met;
1. Revised elevation, site plan and floor plan draWings shall be subrnitted to and
approved by staff; at a minimum, such drawings shall incorporate the folowing;
Pthr1k982:15SIRsael 130 CFKErna621 60
Page 2 of 8
Page 2 of 7
HPI8 File No. 7298
Meeting Date; April 10, 2012
a. A high quality smooth stucco finish shall be required where indicated on the
elevatione, in a manner to be reviewed and approved by staff,
b. The final details and placement of the landscape wall feature proposed for the
south elevation shall be subject to the review and approval of staff,
o. Window (Replay merchandise shall not be permitted on the second and third
floors,
d. The proposed exposed concrete portions of the project shall have a high quality
smooth "off form" surface finish, and shall not be painted in the future.
e. The same exposed concrete finish of the upper floors shall also be utilized at the
ground level below the proposed continuous aluminum sunshade, with the
exception of the ground floor aluminum panel extensions of the vertical pilasters
located on the west and north elevations, subject to the review and approval of
staff,
f. The same signage font shown on the north elevation shall be used on the west
elevation, subject to the review and approval of staff, All letters hall be of an
aluminum or neutral painted finish, subject to the review and approval of staff.
Red back.lIghting may be permitted.
g. A security gate shall be provided for the ground level garage access points
located on the east and north sides of the structure, in a manner to be reviewed
and approved by staff.
h, The parking at the roof deok shall be redesigned to Include partial canopy/trellis
struotures, set-book from the building perimeter along with a colored/pattern roof-
deok, in a manner to be reviewed and approved by staff,
I, A oetwalk at the Second level shall be extended southward along Collins Avenue,
in a manner to be reviewed and approved by staff.
The veneer at the northwest parapet shall consist of a continuous curve, In a
manner to be reviewed and approved by staff.
k. The final design and details, including finish of the proposed aluminum panels
shall be provided, in a manner to be reviewed and approved by staff.
I. All display cases visible from a rIght-oeway shall be full detailed and shall be
subject to the review and approval of staff.
m. A fully enclosed air conditioned trash room that is sufficiently sized to handle the
entire trash load of the building at all times shall be required, located within the
envelope of the building, In a manner to be reviewed and approved by staff,
n. All proposed lighting visibie from Collins Avenue or from the neighboring
buildings, shall be of a type, quality, and character, and intensity that does not
1.
Book28233/Paae1140 OW6)06'13'2150
Page 3 of 8
Page 3 of 7
HPB Fiie No, 7298
Meeting Date; April 10, 2012
have any adverse impact upon the adjacent areas, and no Tight fixtures shall be
directly visible from the exterior, All ceiling lighting In the three (3) story high retell
spaces shall be of the pendant type, high quality, high design, of no lesser quality
or design than would be expected in an Art Deco hotel lobby. The final lighting
plan and fixtures shall be reviewed and ap.rove the Hist• 1 °r •erva o1
Board.
o Manufacturers drawings and Dade County product approval numbers for ail
windows and doors, shall be required PRIO,i, to the issuance of a building permit
for the project.
p. All roof -top fixtures, air- oonditioning units and Mechanical devices shall be clearly
noted on a revised roof plan and shall be screened from view, in a mariner to be
approved by staff,
q, Prior to the issuance of a Certifioate of Occupancy, the project Architect shell
verify, in writing, that the subject project has been constructed in acoordance with
the plans approved by the Planning Department for Building Permit,
2. A revised Iandsoape plan, prepared by a Professional Landscape Architect, registered
in the State of Florida, and corresponding site plan, shall be submitted to and
approved by staff. The species type, quantity, dimensions, spacing, location and
overall height of all plant material shall be clearly delineated and subject to the review
and approval of staff. At a minimum, soh plan shall incorporate the following;
a. Coconut Palms 'Green Malayan' trees shall be provided along Collins Avenue es
per City of Miami Beach Master Street Tree Plan. The palms trees shall be
spaced 16' - 18' on center and shall have a minimum wood size of 12', heavy
trunk, straight and matohed, Florida #1 or better. The City standard bound
aggregate system with fertilization trench, uplighting, and irrigation shall be
required.
b. The proposed landscape area along Collins Avenue shall be reduced by one -
half, and the adjacent sidewalk with expanded, in a manner to be reviewed and
approved by staff.
o. All exterior walkways shall consist of decorative pavers, decorative concrete or
other decorative Material, subject to the review and approval of staff,
d. A fully automatic irrigation system with 100% coverage and an automatic raln
sensor in order to render the system Inoperative in the event of rain. Right-of-
way areas shall also be Inoorporated as part of the irrigation system..
e, The utilization of root barriers and /or structural soil, as applicable, shall be clearly
delineated on the revised Iandsoape plan.
f, The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all baokflow preventers and all other related dovioes and fixtures, such
fixtures and devices shall not be permitted within any required yard or any area
Rr ok28233 /Paae1 141 cP 2 &1` i &i2150 Wage 4 of 8
Page 4 of 7
HP8 File No, 7298
Meeting Date: April 10, 2012
9.
fronting e street or sIdewolk, The location of backflow preventers, siamese pipes
or other related devices and flxturee, if any, and how they are screened with
landscape material from the right-of-way, shall be clearly indicated on the site
and landscape plans and shall be subject to the review and approval of staff.
The applicant hall verify, prior to the Issuance of a Building Permit, the exact
location of ail applicable FPL transformers or vault rooms; such transformers and
Vault rooms, and all other related devices and fixtures, shall not be permitted
within any required yard or any area fronting a street or sidewalk, The location of
any exterior transformers, and how they are screened with landscape material
from the right-of-way, shall be olearly indloated on the site and landscape plans
and shall be subjeot to the review and approval of staff.
h. Prior to the issuance of a Certifioate of Occupancy, the Landscape Architect for
the project arohltect shall verify, in writing, that the projeot is consistent with the
site and landscape plans approved by the Planning Department for Building
Permit,
3, All building signage shell be consistent in type, composed of flush mounted, non.plostic,
individual letters and shall require a separate permit.
4. The final exterior surface color scheme, including color samples, shall be eubjeot to the
review and approval of staff and shall require a separate perinit,
5. A traffic mitigation plan, which addresses all roadway Level of Service (LOS)
defloiencies relative to the ooncurrenoy requirements of the City Code, if required, shall
be submitted prior to the issuance of a Building Permit and the final building plans shall
meet all other requirements of the Land Development Regulations of the City Code,
6, All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
7. The project shall comply with any landscaping or other sidewalk/street improvement
standards as may be prescribed by a relevant Urban Design Master Plan approved prior
to the completion of the project and the issuance of a Certificate of Occupanoy,
8. The applioant 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 projeot, the following may be required by the Public
Works Department;
a. A traffic and neighborhood impact study shall be conduoted as a means to measure
a proposed development's impaot on transportation and neighborhoods. The study
shall address all roadway Level of Service (LOS) defIcienoles relative to the
conourrenoy requirements of the City Code, and if required, shall be submitted prior
to the issuance of e 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 moat recent City of Miami Beaoh's Troffio and Neighborhood impaot
Methodology as issued by the Publio Works Department,
Flook28233/Pacie1142 CrteM61S62150
Page 5 of 8
Page 0of7
HPB File No "729$
Meeting Date, April 10, 2012
b. Remove /replace sidewalks, curbs and gutters on all street frontages, If applioable.
Unless otherwise specified, the standard color for city sidewalks Is red, and the
standard curb and gutter color is gray,
c. Mill /resurface asphalt in rear alley along property, If applicable.
d, Provide underground utility service connections and on -site transformer location, if
necessary.
e, Provide back -flow prevention devices on ail water services.
f, Provide on-site, self - contained storm water drainage for the proposed development,
g. Meet water /sewer concurrency requirements including a hydraulic water model
analysis and gravity sewer system capacity analysis as determined by the
iDepartrnent and the required upgrades to water and sewer mains servicing this
project.
h. Payment of City utility Impact fees for water meters /services,
i. Provide flood barrier ramps to underground parking or minimum slab elevation to be
at highest adjacent crown road elevation plus 6 ".
J. Right -of-way permit must be obtained from Publio Works,
k. All right-of-way encroachments must be removed.
I, All planting /landscaping in the public right -of -way must be approved by the Public
Works and Parks CDepartments,
9. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certifioate of Completion (CC) may be applied for; the staging and scheduling of
the construction on site shall take this into account, Ail work on Bite must be completed
in accordance with the plans approved herein, as well as by the Building, Fire, Planning,
CIP and Public Works Departments, Inolusive of all conditions imposed herein, and by
other Development Review Boards, and any modifications required pursuant to field
inspeotions., prior to the issuance of a CO or 00, This shall not prohibit the issuance of a
Partial or Temporary CO, or a Partial or Temporary CC,
10, The Final Order shall be recorded in the Public Records of Miami -Dade County, prior to
the issuanoe of a Building Permit,
11. The Final Order is not severable, and If any provision or oondltlon 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
retraining conditions or impose new conditions.
Rnnk 2233 /Pn 1 43 C14MM /fai 150 Pace 6 of 8
Page 6of7
HPB Tile No, 7298
Meeting Date; April 10, 2012
12. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and 011 successors in Interest and assigns,
13. 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 18 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.referenoed protect subject to those certain conditions specified in
paragraph C of the Findings of Fact (Condition Nos. 1.13, Inclusive) hereof, to which the
applicant has agreed,
PROVIDED, the applicant shall build substantially In accordance with the plans approved by the
Historic Preservation Board, as determined by staff, entitled "New Retail /Parking wilding for
Surfstyle ", es prepared by Charles H. Benson 84 Associates, dated, dated 12.15.2011.
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 e000rdanoe 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 end/or State reviews and permits, including final zoning
approval. If adequate handicapped access la 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 revooation or modlfioation of the Certificate
of Appropriateness
Dated this ,j2,„9_,_. day of , 20J
rInnk2R2R:1 /PsoP.1144 cni02624(561g2i 50
Page 7 of 8
Page 7 of 7
HPB File Nc, 7298
Meeting Date: April 10, 2012.
STATE OF FLORIDA
)SS
COUNTY OF MIAMI -DADE
OR SK 2323 PG 114$
LAST PAGE
HISTORIC PRFSERVATI BOARD
THE CIT OF MIAMI BE ` s H, FLO; I
laI
THOMAZ +R, MOONEY, 1CP
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
The foregoing Instrument was acknowledged before me this ' "'day of
/ r 20L by Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beaoh, Florida, a Fl ida Municipal Corporation, on behalf
<
of the corporation. He is personally known to me .
y
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nondortni Mot Wrigq Ot iko
Approved As To Form
Legal Department:
NOTARY' PUBLIC
Miami -bade County, Florida .
My commission expires:
Filed with the Clerk of the Historic Preservation Board one
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