2017-29979 ResolutionRESOLUTION NO.
2017 -29979
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 GRANT OF EASEMENT FOR PUBLIC SIDEWALK
ACCESS, ATTACHED AS EXHIBIT 1, BETWEEN THE CITY AND
1155 COLLINS LLC, ( "GRANTOR ") WHICH WOULD ENSURE
THAT THE GRANTOR, WHOSE PROPERTY IS LOCATED AT
1155 COLLINS AVENUE, WILL MAINTAIN, OR CAUSE TO BE
MAINTAINED, THE SIDEWALK IN A SATISFACTORY
MANNER, WITHOUT LIABILITY OR COST TO THE CITY; AND,
GRANTOR SHALL BEAR ANY AND ALL COSTS OF
CONSTRUCTION, INSTALLATION, OPERATION,
MAINTENANCE, AND REPAIRS ASSOCIATED WITH THE
OPERATION AND USE OF THE SIDEWALK.
WHEREAS, 1155 Collins LLC, [hereinafter "Grantor "] is the fee simple owner of
the land in the City of Miami Beach, Florida located at 1155 Collins Avenue, hereinafter
referred to as the "Property ;" and
WHEREAS, the City requires the Grantor to design, construct and install a
Sidewalk to be open to the public within the Property adjacent to the rights -of -way of
Collins Avenue and 12th Street (collectively the "Sidewalk ") pursuant to Historic
Preservation Board (HPB File No. 7298), and permit public access to same; and
WHEREAS, the City requests the Easement from the Grantor to ensure that
the Grantor will maintain, or cause to be maintained, the Sidewalk in a satisfactory
matter, without liability or cost to the City; and
WHEREAS, Grantor has agreed to grant an easement on the Sidewalk to the
City for public access; and
WHEREAS, Grantor shall bear any and all costs of construction, installation,
operation, maintenance, and repairs associated with the operation and use of the
Sidewalk; and
WHEREAS, the Administration recommends executing the attached Grant of
Easement for Public Sidewalk Access with Grantor.
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 the City Clerk to execute a Grant of
Easement for Public Sidewalk Access, attached as Exhibit 1, between the City and
1155 Collins LLC, ( "Grantor ") which would ensure that the Grantor, whose property is
located at 1155 Collins Avenue, will maintain, or cause to be maintained, the
Sidewalk in a satisfactory manner, without liability or cost to the City; and, Grantor
shall bear any and all costs of construction, installation, operation, maintenance,
and repairs associated with the operation and use of the Sidewalk.
PASSED AND ADOPTED this a5^ day of Sept -6' 4er 2017.
ATTEST:
16
Ra el E. ranado, City CI r
APPROVED AS TO
\Tcer FORM & LANGUAGE
E/ & FOR EXECUTION
City Attorney
T:\AGENDA\2017 \9 - September \Public Works \Resolution Sidewalk Easement 1155 Collins LLC 8.15.2017.docx
Date
Mi/Jv\
BEACH
Resolutions - C7 E
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 GRANT OF EASEMENT FOR PUBLIC
SIDEWALK ACCESS, ATTACHED AS EXHIBIT 1, BETWEEN THE CITY AND 1155
COLLINS LLC, ( "GRANTOR ") WHICH WOULD ENSURE THAT THE GRANTOR,
WHOSE PROPERTY IS LOCATED AT 1155 COLLINS AVENUE, WILL MAINTAIN,
OR CAUSE TO BE MAINTAINED, THE SIDEWALK IN ASATISFACTORY MANNER,
WITHOUT LIABILITY OR COST TO THE CITY; AND, GRANTOR SHALL BEAR
ANY AND ALL COSTS OF CONSTRUCTION, INSTALLATION, OPERATION,
MAINTENANCE, AND REPAIRS ASSOCIATED WITH THE OPERATION AND USE
OF THE SIDEWALK.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
1155 Collins LLC, [hereinafter "Grantor "] is the fee simple owner of the land in the City of Miami
Beach, Florida located at 1155 Collins Avenue, hereinafter referred to as the "Property ".
The City requires the Grantor to design, construct and install a Sidewalk to be open to the public
within the Property adjacent to the rights -of -way of Collins Avenue and 12th Street (collectively the
"Sidewalk ") pursuant to Historic Preservation Board (HPB File No. 7298), and permit public access
to same.
The City requests the Easement from the Grantor to ensure that the Grantor will maintain, or cause
to be maintained, the Sidewalk in a satisfactory matter, without liability or cost to the City.
The Grantor has agreed to grant an easement on the Sidewalk to the City for public access.
The Grantor shall bear any and all costs of construction, installation, operation, maintenance, and
repairs associated with the operation and use of the Sidewalk. The Administration recommends
executing the attached Grant of Easement for Public Sidewalk Access with Grantor.
CONCLUSION
The Administration recommends approving the Resolution.
Page 358 of 2353
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o Reso, agreement, hpb does
Page 359 of 2353
Exhibit # 1
This Instrument prepared by:
Name: Matthew Amster, Bsct,
Address: Bercow Radell Fernandez & Larkin, r'LLC
200 6, Bisoayne Boulevard, Suite 850
Miami, PI. 33131
GRANT OF EASEMENT
0
PUBLIC SIDEWALK ACCESS
This Grant of Easement for Public Sidewalk Access ( "Easement ") is made and entered
into this day of ,, 2017 by 1155 COLLINS LLC, a Florida limited
liability company ( "Grantor "), in favor of the CITY OF MIAMI EEACH, a municipal corporation
duly organized and existing under the laws of the State of Florida ( "Grantee" or "City "),
RECITALS:
WHEREAS, Grantor Is the fee simple owner of the land in the City of Miami Beach,
Florida located at 1155 Collins Avenue, legally described in Exhibit 'A" and hereinafter referred
to as the "Property;" and
WHEREAS, Grantor has obtained: development approval and is currently seeking a
building permit from the Grantee to redevelop the Property with commercial uses; and
WHEREAS, Grantee requires the Grantor to design, construct and install a Sidewalk to
be open to the public within the Property adjacent rights -of -way of Collins Avenue and 12th
Street (collectively the "Sidewalk ") pursuant to Historic Preservation Board (HPB File No, 7298),
attached hereto as Exhibit "B," and permit public access to same; and
WHEREAS, Grantee requests the Easement from the Grantor to ensure that the Grantor
will maintain, or cause to be maintained, the Sidewalk in a satisfactory matter, without liability or
cost to the Grantee; and
WHEREAS, Grantor has agreed to grant an easement on the Sidewalk, as more
specifically described in Exhibit "0," to Grantee for publio access; and
WHEREAS, Grantor shall bear any and all costs of construction, installation, operation,
maintenance, and repairs associated with the operation and use of the Sidewalk.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Grantor and Grantee voluntarily agree as follows;
1, The above recitals are true and correct and, by reference, are incorporated as if
fully set forth herein.
2. For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Grantor hereby grants to Grantee, for the use and benefit of Grantee,
its successors and assigns, a non - exclusive easement on the Sidewalk for the public access of
same.
Page 362 of 2353
EASEMENT FOR PUBLIC SIDEWALK ACCESS
Page 2 of 5
3. The Grantor shall install and maintain the Sidewalk to be open to the public in
compliance with the HPB File No, 7298 as referenced in Exhibit "B", attached hereto,
4, The Grantor agrees to maintain, replace, restore, and/or repair the Sidewalk at
the Grantor's expense.
6, If the Grantor breaches any of its obligations as specified herein (and same are
not waived in writing by the Grantee), then the Grantee shall provide the Grantor written notice
specifying the nature of the default. The Grantor shall have thirty (30) calendar days after
receipt of such notice within which to cure the specified default, after which time the Grantee
may take action to complete the restoration work, at the Grantor's expense. However, if the
nature of such default is such that the same cannot reasonably be cured within such thirty (30)
day period, Grantor shall not be deemed to be in default if Grantor shall, within such period,
commence such cure and thereafter diligently prosecute the same to oompletion.
6, The Grantor shall obtain and maintain a liability insurance policy In the covered
amount of $1,000,000 per incident, to provide compensation for personal injuries or related
claims stemming from any error, omission, negligence, or misconduct on the part of the Grantor,
or any of its respective officers, agents, servants, employees, contractors in the Installation or
maintenanoe of the Sidewalk,
7, The Grantor shall indemnify, hold and save the Grantee, and its officers, agents,
controotors, and employees, whole and harmless from and against all claims, demands, actions,
damages, loss, cost, liabilities, expenses, and judgments of any nature recovered from or
asserted against Grantee on amount of injury or damage to person(s) or property, to the extent
that any such damage or Injury may be incident to, arise out of, or be caused, either proximately
or remotely, wholly or in part, by any aet, error, omission, negligence, or misoonduct on the part
of the Grantor, or any of their respective officers, agents, servants, employees, contractors in
the use of the Sidewalk, Grantor shell be entitled to select counsel of Grantor's choice to defend
the claim; provided, however, that such counsel shall first be approved by the City Attorney,
which approval shall not be unreasonably oonditioned, withheld or delayed; and provided
further, that the Grantee shall be permitted, at its cost and expense, to retain independent
counsel to monitor the claim proceeding. Notwithstanding the foregoing, Grantor shall not be
obligated or liable to the Grantee, or any third parties, for any costs, liabilities, expenses, losses,
claims or damages, resulting from the negligence, recklessness, or willful misconduct of the City
or its officials, employees, contraotors, and agents.
8, The Grantor acknowledges that the Grantee shall have no financial and/or other
obligation and/or liability for the installation and maintenance of the Sidewalk (including, without
limitation, any liability for improper or inadequate maintenanoe by Grantor); these are the sole
obligations of Grantor to maintain. Additionally, It Is the intent of the parties hereto that no third
party beneficiary rights are created or acknowledged through this Easement.
9, This voluntary Easement 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 twenty
(20) years, and for successive ten (10) year periods thereafter, from the date this instrument is
recorded in the public reoords. This time period will be automatically renewed unless released
Page 363 of 2353
EASEMENT FOR PUBLIC SIDEWALK ACCESS
Page 3 of 6
upon a petition for removal, modification or amendment of condition is approved by an act of the
City Commission.
10, This Easement 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 Public Works Director. Should this instrument be so modified, amended or
released, the Public Works Director shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release,
11, This Easement shall be recorded in the Public Records of Miami-Dade County,
Florida, at the cost of the Grantor,
12. It is understood and agreed that any City official has the right, during normal
lousiness hours, to enter and investigate the use of the Property, to verify compliance with the
conditions of this Easement and the requirements of the City's building, zoning and land
development regulations.
13, An aotion to enforce the terms and conditions of this Easement 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 or provisions of the building, zoning or and
development regulations, either to restrain violations or to reoover damages,
14. This Easement 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 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 shall be Miami Dade County,
Florida, if In state court, and the U.S, Distrlot Court, Southern District of Florida, If in federal
court, BY ENTERING INTO THIS EASEMENT, GRANTOR AND GRANTEE EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT or, THIS EASEMENT,
15, All notices, demands, requests, or other communications whloh 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 Grantor:
With copies to:'
1156 COLLINS LLC
Attn: Joseph Chetrit
2916 Biscayne Blvd, Suite 300
Miami, FL 33137
Beroow Radon Fernandez & Larking, PLLC
Attn: Matthew Amster, Esq,
200 S. Biscayne Boulevard, Suite 650
Miami, Florida 33131
Page 364 of 2353
EASEMENT FOR PUBLIC SIDEWALK ACCESS
Page 4 of 6
If to the Grantee:
With copies to:
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 D rector
APPROVED AS TO
FORM & LANGUAGE
[EXECUTION PAGES TO FOLLOW]
Page 365 of 2353
EASEMENT FOR PUBLIC SIDEWALK ACCESS
Pep 5 of 6
(
Signed, sealed ex 7/'
ecuted and acknowledged on day of
, 2o_11
IN INtINESS WHEREOF, Grantor has caused these presents:to be signed in their name
by their proper officials.
Print Name
STATE OP
) 88
COUNTY OF , )
GRANTOR:
1156 COLLINS LLC, Rada
limited liability convany;
By:
ph Chetrit, Manager of CG 1155 :Collins
the Manager of 1155 Collins LLC
Address: 2916 alsoeyneit3lvd, Suite 300
Miaml„. Florida .83137
The.foregoing Instrument was .aoknowleded before me by Joseph Oh.etrit„. the Manager
of 00 1156 COLLINS LLC, the Manager of 1165 COLLINS LLC on behalf of the Florida -limited
liability company. He la personally known to ma
RS.Identifloatlom
Witries t. mysignature and _official .se-al hls m day Of
2017, in the County and State eforesal
My Commission Expires;
Notary Public,State of .0(
Print,Name
Page 366 of 2353
L015 HUTIV1 BANOFIEZ
Notary Public), State.of N.ow York
No. 011-1U604261-6
Qualified In Clueons County )ct
Cornrolsolon Explro0 AprII. PA,
131CLA
Lots 13 and 14, Block 16, of OCEAN BEACH ADDITION Na Z according to the Plat thereof,
recorded in Plat Book 2, at Page 56, of the Public .Records of Miami.Dade County, Florida
Page 367 of 2353
DOCU:BN T COVER PAGE
For those documents not providing there aired
space on the first page, this cover page must be attached,
It must describe the document in sufficient detail to
prohibit its transference to another document.
An additional recording fee for this page must be remitted,
Document title:
(Mortgage, Deed, Construction Lien, Etc,)
Executing Party: I./Ijc Cr; \ I'l/11 ' 1 \.
Ora-07
111111111111 11111 1111111111111111111111111111
CrIN 2012R0582150
OR Bk 28231 Rst 1138 - 114$i (8m)
RECORDED 08 /20/2012 08:1014
HARVEY RWVtNr CLERK OP COURT
MIAMI -CAGE COUNTYr FLORIDA
(Space above this lino reserved for recording office use)
L \b3 , \GC �,
Legal Description,. Oc X? \ t � it 44 Q s `�-
(If Applicable) P 5LO, Of
gton eeftbh
r- ..d i f
C. per nahrl \
As mor ally escribed in above described document,
Return Document 'To /--Px *d-13 t.
(»w{ e k. /kSoacre. A d-eds, f/
\ .ashl'r(v
IYVOmi bpjl,
F,S, 695,26 Requirements for recording instruments affecting real property —
(Relevant excerpts of statute)
(1) No instrument by which the title to real property or any Interest therein Is
conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the
clerk of the circuit court unless:
(e) 'A 3-inch by 3 -inch space at the top right -hand corner on the first page
and a .winch by 3-Inch space at the top right -hand corner an each subsequent page
are reserved for use by the clerk of the court,,.
CLIC/CT 155 Rev. 04111
Book28233/Page1138 CFI 681° 63gA215Q Page 1 of 8
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
MEETING DATE: April 10, 2012
FILE NO: 7208
PROPERTY: 1155 Collins Avenue — st_sLstill
LEGAL:
IN RE:
OCRIVIOATION
T116 6 TO (Ifill'OY THAT THE ATOM OONIMOT
is A TO OE AMMAN OM Of It* OP431004,
nu IN • ORE OF THE KAMM %PARTIN:NT,
a • No
1'4*, TERESA WAIA
t,h`f COUMI$6101d DO 92148
1,0 4,04,4
061144441 r6ittr 3, 2013
Bolitis todoet Nary SeMe&
Lots 13 & 14, Block 16 of Ocean Beach addition 42, According to the Plot
Thereof, as Recorded in Plat Book 2, Page 56, of the Public Records of
Miami-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,
0 RD ER
The applicant, E.D,Y„ Inc„ 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 Drive/Collins Avenue Local Historic and
National Register Architectural Districts,
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 IVilami Beach Code, is not consistent with Certificate
of Appropriateness Criteria 'd' in Section 118-564(a)(2) of the MIMI Beach Code, and Is not
consistent with Certificate of Appropriateness Criteria '07, anti fg-i' In Section 118-564(a)(3)
of the Miami Beach Code,
C. The projeot 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 at
minimum, such drawings shall incorporate the following:
Book28233/Page1139 CF1020feedn 50
Page 2 of 8
Page 2 of 7
HPB File No. 7298
Meeting Date: April 10, 2012
a. A high quality smooth stucco finish shall be required where indicated on the
elevations, 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.
c. Window display 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 shall 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 aooess 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 deck shall be redesigned to include partial canopy/trellis
structures, set-back from the building perimeter along with a colored/pattern roof-
deck, in manner to be reviewed and approved by staff,
I. A catwalk at the second level shall be extended southward along Collins Avenue,
in a manner to be reviewed and approved by staff,
j. 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 oases visible from a right-of-way 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 visible from Collins Avenue or from the neighboring
buildings, shall be of a type, quality, and character, and intensity that does not
Book28233/Page1140 CFated001°220182150
Page 3 of 8
Page 3of7
HPB File No, 7298
Meeting Date: April 10, 2012
have any adverse impact upon the adjacent areas, and no light fixtures shall be
directly visible from the exterior. All ceiling lighting in the three (3) story high retail
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 ,: approyed by the hlistoric Preservation
Board.
o. Manufacturers drawings and Dade County product approval numbers for all
windows and doors, shall be required PRIOR to the issuance of a building permit
for the project.
p. All roof -top fixtures, air - conditioning units and mechanical devices shall be clearly
noted on a revised roof plan and shall be screened from view, in a manner to be
approved by staff.
q. Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify, In writing, that the subject project has been constructed in accordance with
the plans approved by the Planning Department for Building Permit,
2. A revised landscape plan, prepared by a Professional Landscape Architect, registered
in the "State of Florida, and corresponding site plan, shall be submitted to and
approved by staff, The species type, quantity, dimensions, spacing, location and .
overall height of all plant material shall be clearly delineated and subject to the review
and approval of staff, At a minimum, such plan shall Incorporate the following;
a. Coconut Palms 'Green Malayan' trees shall be provided along Collins Avenue as
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 matched, Florida #1 or better. The City standard bound
aggregate system with fertilization trench, plighting, 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 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.
e, The utilization of root barriers and /or structural soil, as applicable, shall be clearly
delineated on the revised landscape plan,
f, 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
Book2.8233/Page1141 GFENg011 °382150 Page 4 of 8
Page 4 of 7
HPB File No. 7298
Meeting Date: April 10, 2012 .
9.
fronting a street or sidewalk. The location of backflow preventers, siamese pipes
or other related devices and fixtures, if any, and how they are screened with
landscape material from the right- of-way, shall be clearly indicated on the site
and landscape plans and shall be subject to the review and approval of staff,
The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers and
vault rooms, and all other related devices and fixtures, shall not be permitted
within any required yard or any area fronting a street or sidewalk. The location of
any exterior transformers, and how they are screened with landscape material
from the right -of -way, shall be clearly indicated on the site and landscape plans
and shall be subject to the review and approval of staff.
h. Prior to the issuance of a Certificate of Occupanoy, the Landscape. Architect for
the project architect shall verify, in writing, that the project is consistent with the
site and landscape plans approved by the Planning Department for Building
Permit.
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 subject to the
review and approval of staff and shall require a separate permit.
5. A traffic mitigation plan, which addresses all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if required, shall
be submitted prior to the issuance of a Building Permit and the final building plans shall
meet all other requirements of the Land Development Regulations of the City Code,
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 Occupancy.
8. The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee, Based on a
preliminary review of the proposed project, the following may be required by the Public
Works Department:
a. A traffic and neighborhood impact study shall be conducted as a means to measure
a proposed development's impact on transportation and neighborhoods. The study
shall address all roadway Level of Service (LOS) deficiencies relative to the
ooneurrency 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.
Book28233/Page1142 C
Vol
2621`x2150
Pages of 8
Page 5 of 7
HPB File No, 7298
Meeting Date: April 10, 2012
b. Remove /replace sidewalks, curbs and gutters on all street frontages, if applicable.
Unless otherwise specified, the standard color for city sidewalks is red, and the
standard curb and gutter color is gray,
c, Mill /resurface asphalt in rear alley along property, if applicable.
d. Provide underground utility service connections and on -site transformer location, if
necessary,
e. Provide back -flow prevention devices on all water services.
f. Provide on -site, self-contained storm water drainage for the proposed development.
g•
Meet water /sewer concurrency requirements including a hydraulic water model
analysis and gravity sower system capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
protect,
h. Payment of City utility impact fees for water meters /services.
1 Provide flood barrier ramps to underground parking or minimum slab elevation to be
at highest adjacent crown road elevation plus 8 ",
j. Right -of -way permit must be obtained from Public Works.
k. All right -of -way encroachments must be removed.
I. Ail planting /landscaping in the public right -of -way must be approved by the Public
Works and Parks Departments,
9.. At the time of completion of the project, only a Final Certificate of Occupancy (00) or
Final Certificate of Completion (CC) may be applied for; the staging and scheduling of
the construction on site shall take this into account, All work on site must be completed
in accordance with the plans approved herein, as well as by the Building, Fire, Planning,
CIP and Public Works Departments, inclusive of all conditions Imposed herein, and by
other Development Review Boards, and any modifications required pursuant to field
inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of a
Partial or Temporary CO, or a Partial or Temporary CC,
10, The Final Order shall be recorded In the Public Records of Miaml4Dade County, prior to
the issuance of a Building Permit,
11. 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,
Pa 373 of 235
Book28233/Page1143 OF1'1 201205$2150 Page 6 of 8
Page 6 of 7
HPB Fife No, 7298
Meeting bate: April 10, 2012
12, The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all 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 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 -13, inclusive) hereof, to which the
applicant has agreed.
PROVIDED, the applicant shall build substantially in acoordance with the plans approved by the
Historic Preservation Board, as determined by staff, entitled "New Retail /Parking. Building for
Surfstyle ", as prepared by Charles H. Benson & 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 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 suoh 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 r 1 , 20
Book28233/Page1144 OA f041 °3 2150
Page 77of8
OR BK. 282Z PG 11.45
LAST PAC.iE
Page 7 of 7
HPB File No. 7298
Meeting Date: April 10, 2012
HISTORIC PRESERVATif BOARD
THE CIT. OF MIAMI BE IH, FLO I
BY:
THOMA:-R, MOONEY, JICP
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
STATE OF FLORIDA
)SS
COUNTY OF MIAMI-DADE
The foregoing Instrument was acknowledged before me this c>7.452 day of
r97-'d e- 20/"by Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a F. Municipal Corporation, on behalf
of the corporation, He is personally known to me,
TEFIESAMANA
MY COMMISSION # OD 9#01411
OFP*14:14tettgmr2,2o1$
me' Bondtd/bni ti Rigel Notary erindo0
Approved As To Form:
/ Erne-4e
NOTARY PUBLIC
Miami-Dade County, Florida /
My commission expires: (c —
Legal Department: ( iz
Filed with the Clerk of the Historic Preservation Board on
FIFIPBVI HPEI1Apr1 217208.APR2012,F0,docx
Book28233/Page1145 OMOYM63A2150
)
■
Page 8 of 8
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SIDEWALK EASEMENT
c\j
'Lr)
S03-'15'09"W
—38820'40°0140 104-1
12112 STREET
rwrip‘ffigx,,,,,,,,,r0AwwerrA
,
N8840_,. 41,01 I
N65°1438111
29,96' 301°3970V 2,00'
N01°48'041" 1.05'
8870'44W 1.17'
N01'.39'16"E
N8820'44'W 5,50'
S0179'1614' 0.33'
N8870'44W 1.17'
01°39'20"W a 671--
N8870 40 40,26'
VIA
B....86°49°59"
R=11031'
A=17,14'
SOJ151.20V 10,17'
y86°44'4014' 0.67'
0,Y15-1201i;-1,11;------
N86°44'40W 0.471
593°15'20V
5,75'
S86'44'40 a3,31
S0,375201Y 1,17°
S86°44'401- 0,67'
86°44'51"W 10,09'
LOT 13
LOT 14
A:$?,ORMAY012te
SIDEWALK EASEMENT LOT 12, BLOCK 16,
2
OCEAN SEACH ADDITION No,
N0,715'091° 5.08' (P,8, 2, PG, 56)
P.O.C.
CORNER LOT 1J
BLOCK 16
r7rinmar
DENOTES BOUNDARY LINE
DENOTES CENTER LINE
R7444— DENOTES RIGHT—OF—WAY LINE
DENOTES EASEMENT
P.B. DENOTES PLAT BOOK
PG, DENOTES PAGE
P.0.0, DENOTES POINT OF COMMENCEMENT
POE, DENOTES POINT OF BEGINNING
I I
GRAPHIC SCALE
0 15 30
1 INCH 30 FEET
iHernandez & Associates Inc
LAND SURVEYORS AND MAPPERS
CERTIFICATE OF AUTHORIZATION No, L08092
4805 NW 79th AVENUE — STE 9 DORAL, FL 33166
(P) 305-526-0606 (5) info@jhasurveys.00m
DRAWN BY: M.J.M.
\c),ATE: 6/2,3/17
CHECKED BY: J. OH.
SHEET 1 OF 2 SHEETS
varzcr
PREPARED UNDER MY SUPERVISION AND DIRECTION:
JOB NUM.,' 151045 JOSE G. HERNANDEZ, PRESIDENT
F,8, N/A PROFESSIONAL LAND SURVEYOR No, 6952 STATE OF FLORIDA,
Page 376 of 2353
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
SIDEWALK EASEMENT
A PORTION OF LOTS 13, AND LOT 14, BLOCK 16, OCEAN BEACH ADD/770N No. 2, ACCORDING TO THE
PLAT THEREOF, AS RECORDED /N PLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 13 OF SAID BLOCK 16; THENCE RUN NORTH 03
DEGREES .15 MINUTES 09 SECONDS PAST, ALONG 77-15 WEST BOUNDARY LINE OF SAID BLOCK 16, SAID
LINE BEING COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY LINE OF COLLINS AVENUE, AS SHOWN ON
SAID PLAT OF OCEAN BEACH ADDITION No, 2, FOR A DISTANCE OF 5,08 FEET TO THE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED SIDEWALK EASEMENT; THENCE CONTINUE NORTH 03 DEGREES 15
MINUTES 09 SECONDS EAST, ALONG SAID WEST BOUNDARY LINE- OF BLOCK 16, FOR A DISTANCE OF 85,06
FEET, THENCE SOUTH 88 DEGREES 20 MINUTES 40 SECONDS EAST, ALONG 77-15 NORTH BOUNDARY LINE
OF SA/0 BLOCK 16, SAID LINE BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF 12
STREET, AS SHOWN ON SAID PLAT OF OCEAN BEACH ADDITION NO, 2; FOR A DISTANCE OF 140.10 FEET;
THENCE SQL 77-1 03 DEGREES 15 MINUTES 09 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 14,
FOR A .DISTANCE OF 5,16 FEET; THENCE NORTH 88 DEGREES 20 MINUTES 40 SECONDS WEST FOR A
DISTANCE OF 41.01 FEET; T1--/ENCE SOUTH 01 DEGREES 39 MINUTES 20 SECONDS WEST .FOR A DISTANCE
OF 2.00 FEET,' THENCE NORTH 85 DEGREES 14 MINUTES 38 SECONDS WEST FOR A DISTANCE OF 29,96
FEET; THENCE NORTH 01 DEGREES 48 MINUTES 04 SECONDS EAST FOR A DISTANCE OF 1,05 55577
THENCE NORTH 88 DEGREES 20 MINUTES 40 SECONDS WEST FOR A DISTANCE OF 1,17 FEET; THENCE
NORTH 01 DEGREES 39 MINUTES 16 SECONDS EAST FOR A DISTANCE OF 0,33 FEET; THENCE NORTH 88
DEGREES 20 MINUTES 44 SECONDS WEST FOR A DISTANCE OF 5,50 FEET; THENCE SOUTH 01 DEGREES
39 MINUTES 16 SECONDS WEST FOR A DISTANCE OF 0.33 FEET; THENCE NORTH 88 DEGREES 20 MINUTES
44 SECONDS WEST FOR A DISTANCE OF 1,17 FEET; THENCE SOUTH 01 DEGREES 39 MINUTES 20
SECONDS WEST FOR A DISTANCE OF 0,67 5557; THENCE NORTH 88 DEGREES 20 MINUTES 40 SECONDS
WEST FOR A DISTANCE OF 40,26 FEET TO A POINT OF CURVATURE OF THE FOLLOWING DESCRIBED
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 11,31 FEET; THENCE ALONG
SAID CIRCULAR CURVE' TO THE LE-Fr FOR AN ARC DISTANCE OF 17.14 FEET THROUGH A CENTRAL ANGLE
OF 86 DEGREES 49 MINUTES 59 SECONDS TO A POINT OF TANGENCY; THENCE' SOUTH 03 DEGREES 15
MINUTES 20 SECONDS WEST FOR A DISTANCE OF 10,17 FEET; THENCE NORTH 86 DEGREES 44 MUTES
40 SECONDS WEST FOR A DISTANCE OF 0,67 FEET; THENCE SOUTH 03 DEGREES 15 MINUTES 20
SECONDS WEST FOR A DISTANCE OF 1,17 FEET,' THENCE NORTH 86 DEGREES 44 MINUTES 40 SECONDS
WEST FOR A DISTANCE OF 0.33 FEET; THENCE SOUTH 03 DEGREES 15 MINUTES 20 SECONDS WEST FOR
A DISTANCE OF 5,75 FEET; THENCE SOUTH 86 DEGREES 44 MINUTES 40 SECONDS EAST 505 A DISTANCE
OF 0,33 FEET; THENCE SOUTH 03 DEGREES 15 MINUTES 20 SECONDS WEST FOR A DISTANCE OF 1.17
FEET; THENCE SOUTH 86 DEGREES 44 MINUTES 40 SECONDS EAST FOR A DISTANCE OF 0,67 FEET;
THENCE SOUTH 03 DEGREES 15 MINUTES 20 SECONDS WEST FOR A DISTANCE OF 51,25 FEET; THENCE
NORTH 86 DEGREES 44 MINUTES 51 SECONDS WEST FOR A DISTANCE OF 10009 FEET TO THE POINT OF
BEGINNING.
SAID SIDEWALK EASEMENT CONTAINING 1,576 SQUARE FEET MORE OR LESS.
LYING AND BEING IN SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA,
Ts"
1, 77115 SKETCH 15 NOT VALID UNLESS IT
BEARS ME SIGNATURE AND 77-15
ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER,
2. PREPARED FOR JEANINE RODRIGUEZ
3, BEARINGS BASED ON AN ASSUMED
BEARING OF N00"0512"5 ALONG 77-15
EAST BOUNDARY 0/15 OF BLOCK 17, OF
SAID PLAT OF OCEAN BEACH ADDITION
No. 2,
J.Hernandez & Associates Inc
LAND SURVEYORS AND MAPPERS
CERTIFICATE OF AUTHORIZATION No. LB8092
4805 NW 79th AVENUE - STE, 9, DORAL, FL 33166
(P) 305-526-0606' (E) infoOlhasurveys.com
1
PREPARED UNDER MY SUPERVISION AND DIRECTION:
BY;
DRAWN BY M.J.M. CHECKED BY; J,G,H. JOB NUM, 151045 JOSE 6', HERNANDEZ PRESIDENT
V_TS7 12...2.2.-/E272 OF 2 SHEETS Fa N/A PROFESSIONAL LAND SURVEYOR I/o, 6952 STATE OF FLORIDA,
Page 377 of 2353