2017-29980 ResolutionRESOLUTION NO. 2017 -29980
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 12TH STREET AND 13TH STREET;
AND CG TIDES VILLAGE LLC, CG TIDES VILLAGE I LLC, AND CG
TIDES VILLAGE II LLC (COLLECTIVELY THE "OWNERS ") OF 1201-
1225 COLLINS AVENUE (THE "PROPERTY "), WHO HAVE ALREADY
EXECUTED A DECLARATION OF RESTRICTIVE COVENANTS,
ATTACHED HERETO AS EXHIBIT 2, WHICH COVENANT
TRANSFERS RESPONSIBILITY TO THE PROPERTY OWNERS 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 NORTH SIDE
RIGHT -OF -WAY OF 12TH STREET ABUTTING THE PROPERTY.
WHEREAS, to comply with City Code regulations, CG Tides Village LLC, CG Tides
Village I LLC, and CG Tides Village II LLC (collectively the "Owners ") 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. 5477) and Board of Adjustment (BOA File
No.3355), entitled "1201 Village" prepared by Kobi Karp Architecture and Interior Design, and
dated 10/22/12, and last revised 5/9/17 (the "Plan "); and
WHEREAS, the Owners have 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 installthe improvements proposed underthe HPB and BOA orders 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 Owners; 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 Owners 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 Owners will be
responsible for any costs the City may incur should FDOT contact the City to maintain Collins
Avenue, between 12th and 13th 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 Owners 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.
WHEREAS, the Declaration is consistent with the requirements of Section 98 -166, of the
City Code, for the Owners 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 12th Street and 13th Street; and CG Tides Village LLC, CG Tides Village I LLC,
and CG Tides Village II LLC (collectively the "Owners ") of 1201 -1225 Collins Avenue (the
"Property"), who have already executed a Declaration of Restrictive Covenants, attached
hereto as Exhibit 2, which Covenant transfers responsibility to the Property Owners 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 north side right -of -way of 12th street abutting the Property.
PASSED AND ADOPTED this GK. day of '% ° �� 2017.
ATTEST:
k o qz 7
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T:\AGENDA \2017 \9 - September \Public Wo �s'\ pko'k'll(�o,2V 1201 -122
Ra ael Gran do, City Cler
Phillip
fi's 8'18'4100M r' PPROVED AS TO,
� & LANGUAGE
FOR EXECUT.+►N
City Attorney Dote
MIAM
BEACH
Resolutions - C7 F
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 -A1A .(COLLINS AVENUE), BETWEEN 12TH STREET AND
13TH STREET; AND CG TIDES VILLAGE LLC, CG TIDES VILLAGE I LLC, AND
CG TIDES VILLAGE 11 LLC (COLLECTIVELY THE "OWNERS ") OF 1201 -1225
COLLINS AVENUE (THE "PROPERTY "), WHO HAVE ALREADY EXECUTED A
DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED HERETO AS
EXHIBIT 2, WHICH COVENANT TRANSFERS RESPONSIBILITY TO THE
PROPERTY OWNERS 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 NORTH SIDE RIGHT -OF -WAY
OF 12TH STREET ABUTTING THE PROPERTY.
ANALYSIS
In order to comply with City Code regulations, CG Tides Village LLC, CG Tides Village 1 LLC, and
CG Tides Village H LLC (collectively the "Owners ") have requested to install surface paving
materials and landscaping improvements in the public rights -of -way adjacent to the Property (Collins
Avenue and 12th Street).
These are substantially in accordance with the plans reviewed and approved by City's staff, Historic
Preservation Board (HPB File No. 5477), and Board of Adjustment (BOA File No.3355), entitled
"1201 Village ", prepared by Kobi Karp Architecture and Interior Design, dated October 22, 2012, and
last revised May 9, 2017 (the "Plan ").
The Owners have 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.
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 improvements
proposed under the HPB order along Collins Avenue, FDOT policy requires that the City enter into a
Page 378 of 2353
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 12th and 13th
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
Owners to maintain the sidewalks and landscaping fronting the above referenced Property.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
D 1201 declaration of rest cov
CI 1201 agreement
D 1201 UPDATED RESO
Page 379 of 2353
This Instrument prepared by;
Name; Matthew Amster, Esq,
Address: Bercow Radell Fernandez & Larkin, PLLC
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space above reserved for clerk)
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY
This Declaration of Restrictive Covenants Regarding Improvements in the Public Right -of -Way
( "Declaration ") is entered Into this 14th day of August , 2017, by CG TIDES VILLAGE
LLC, CG TIDES VILLAGE 1 LLC, and CG TIDES VILLAGE II LLC (collectively 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 1201 -1225 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, 5477) and Board of Adjustment (BOA File No.3355), see
composite 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, 5477), entitled "1201
Village" prepared by Kobi Karp, and dated October 22, 2012 and last revised May 9, 2017 (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 right -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:
Page 380 of 2353
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT -OF -WAY
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,
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
Page 381 of 2353
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT -OF -WAY
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,
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. It 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:
CG TIDES VILLAGE LLC
Attn: Joseph Chetrit
2915 Biscayne Blvd, Suite 300
Miami, FL 33137
CG TIDES VILLAGE I LLC
Attn: Joseph Chetrit
2915 Biscayne Blvd, Suite 300
Miami, FL 33137
CG TIDES VILLAGE II LLC
Attn: Meyer Chetrit & Juda Chetrit
2915 Biscayne Blvd, Suite 300
Miami, FL 33137
Page 382 of 2353
DECLARATION OF RESTRICTIVE COVENANTS
REGARDING IMPROVEMENTS OF THE PUBLIC RIGHT -OF -WAY
With copies to:
If to the Grantee:
With copies to:
Bercow Radell Fernandez & Larking, PLLC
Attn: Matthew Amster, Esq.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Each Party may designate by notice in writing a new address to which any notice, demand,
request or communication may thereafter be so given, served or sent.
APPROVED
ublic irks rirec or
APPROVED AS TO
FORM & LANGUAGE
' <■
Date
[EXECUTION PAGES TO FOLLOW]
Page 383 of 2353
.ORt,,LARATION bli1A`STRICIIVE-COVitNANTS.
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Page 384 of 2353
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LEGAL DESCRIPTION
1201 1221 1225 Collins Avenue
tots 9, 10, 11, and 12, alock 17 of OCEAN 64-no,
ADDIrION NO. 2, according to the plat thereof, as recorded
in Plat Book 2, Page 56, of the Public Records of
Mlaml—Dode County, Florida,
Also known 08:
Parcel 1:
Lot 0 and the South 40 feet of Lot 10, Block 17, of
OCE4N BEACH, ADDITION NO, 2, according to the plat
thereof; as recorded irk Plot Hook 2, Pogo 56, of the
Public Hecords or Miami—Dade County, Florida,
Parcel 2:
Lot 11, and the North 10 feet or tot 10, Block 17, of
OCEAN BE/10H, AUDITION NO 2, according to the Plat
thereof, os recorded In Plot Book 2, Page 56, of the
Public Records of Miarnl—Dodo County, Florida,
Pomo, 3:
Lot 12, Block 1Z a OCEAN 13EA0H, ADDITION NO, 2,
according to the Plat thereof, o recorded In Plot Book 2,
Page 56, of the Public, Records of Mlarnl-Dade County,
Florida,
Page 387 of 2353
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HISTORIC i?RtStiRVATION moAro
City of Miami Roach, Plorlde:
MEETING' DATE; Pobrtory 12, 200
riuTNo; 6477
LGAL
.PROP.ORTY:-
IN
(1 fiekti
Th03$10108TVTRATIftUATAGION)11341Nt
14111(1131MA00013*OPY•0114 INK ON
liSTINLI WO 014tall140.3AN31
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ormloy motio;36 .( f36 cod
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iiii,toocionfint#10.:„Low,
tancro:.1,
1201.14'.0 Av011:y.o•
LQts 12., r:Iaok 7, aeon.. ..eeoh Addition Na , .4'1' Nocordiha to the -L.Plat
l'horeof, Recorde.d'in Plet.00,oK.2,.Plog.e...06,etthe.PUblio-ReterdeefTilleml,
Defde---Oonnty,,, Florida,
The Applidetion for OettlfloOte. c1 Appropriatenote for the fenevotierti
rostoratiet, end portlal dern olltion. of Ine:':odelloo two ,:(2) and three ;() $tory
hulldlnge holudirto tha oorfetruotion of twa:pnew ef-etory.a041tione„ as well tie.
th e. oonstruction of a new titAttory..etrature. to reproof) the- .eistirto, eurfoos
perking Oe pert oto now hotel eohrtpleX,,
The Opplicant:,00(hs :OtirreNt.1,-0.,, filed' an -appllootion witl1tho OIiy af :MOO-Bet oh. fatahntro
Doriattrtfontlor i Ooftlfloato ofApproOrlatano$0,
Th6,..(3141 eflMierril `:5040.1): Histerio Preeer9eflon, OpordAtekee the follo:Wittg•tqN011■10$ :C5F rAvr,
oso:d up�n the ovidonoa,:intormatiOhilaatittohparictitatadatapreatontectattho.p:Whilp heeringend
WhiPh :era pad:Otte rodord for *le rhetterl,
A,. Theeutjeet:preportyle propertylse !Coated:Within' theOpeonDrIvelOolline AventreLpeal Hietorlo
plotriet.enci: the .Netiontfl, Fetter :Arehltecturel DIetrlot, The eXleting.'etruottlree :elle,olOoffied
10.entributIne lh tha MImI Eeoli Hloterfoll?roportiee Petetese„
8, Stood on the'plenelhd.dbourrierttOttabtritted with thle-oppliootierOostrmny and triforrh011oh
provided :by tho optIoo ht,cand thataaadM .$eftorth In the hg.-Deportroent Staff Report, the
proleet gestbrnitted loderislotent witlytheCertificate of Approprlotena6e. Criteria Ii eeOtlep 11 B
6:04(0)(1) ,..of th� M1m1 J�oh COdet,14 not consleterftWith•Oertfloote of-Approprlotenea*Itorldl
o in Sootibn 1114640p of the Mlmi Booh 004, to net corleletent with Oertlfloate Of
App.roprjatertost Criteria t 118,450400)...of the MmI ileaOh. ()ode and Is not
060leterif With Certificate of ApproprloterieoeforDemeiltlert Ortterio.,0 Irf,'Seotion 11 8f.,5•640(4) of
the MIMI Reeoh
Page 388 of 2353
Page 2of7
HPI3 File No, 5477
Meeting Date: February 12, 2008
C. The project would be consistent with the criteria and requirements of section 118 -554 if the
following conditions are met:
1. Revised elevation, site plan and floor plan drawings shad be submitted to and approved
by staff; at a minimum, such drawings shall Incorporate the following:
a, The exterior of the retained portions of the existing Molbar and Splendor
buildings shall, be substantially rehabilitated and restored, In aacordanoe with all
available historic dooumentatlon, and subject to the review and approval of staff,
This shall Include, but not be Limited to, windows, doors and all exterior surface
finishes,
b, The proposed stairwell at the west end of the Splendor building shall not be
permitted`, such stairwell shall be moved further eaat, a minimum of ten (10) feet
from the west wall and windows.
c, The applicant shall provide fully accessible catwalks, at least five (5) feet in
width, along the entire north, west and south perimeters of the second levels of
the Molbar and Splendor buildings, in a manner to be reviewed and approved by
staff.
d, A set of entry doors for the retail space at the first floor shall be required at the
rounder portion of the southwest °or.ner, in a manner to be approved by staff,
e. The proposed four (4) story entry portloo at the southeast corner of the new hotel
structure shall not be permitted; instead a more modest and refined projecting
eyebrow shall be required, in a mannerto be approved by staff. Additionally, the
south facing wall of the first 3 floors of the southeast oorner shall be substantially
fenestrated, In a mannerto be approved by staff,
f, The horizontal sunscreens an the exterior elevations of the proposed new
structure shall not consist of the 'terracotta' color proposed; Instead a more
refined color shall be required, in a manner to be approved by staff,
The applicant shall further study and substantially refine the exterior language
proposed for the east elevation of the project, facing the alley, Specifically,
stronger, individual identities for the proposed new structure, the Molbar and the
Splendor shall be created, In a manner to be reviewed and approved by staff,
h. As part of the final Building Permit plans, full design details of the underside of
the proposed 2 -story volumetric breezeway leading from 12'" Street to the open
courtyard shall be submitted and shall be subject to the review and approval of
staff,
g.
Page 389 of 2353
Page 3 of 7
HPB File No, 6477
Meeting Date: February 12, 2008
The proposed spire at the southwest corner of the existing structure shall not
contain any sIgnage, The final design details and dimensions of such spire shall
be subject to the review and approval of staff,
Any exterior speakers shall be for ambient baokground r111,1810 only; the location,
quantity, dimensions, design, ooior and method of installation of all exterior
speakers shall be subject to the review and approval of staff,
k, Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and glass shall be required.
All roof-top fixtures, aieoonditioning units and mechanical devices shall be
dearly noted on a revised roof pan and elevation drawings and shall be
screened from view, in a manner to be approved by staff ,
m. Prior to the issuance of a. Certificate of Occupancy, the project Archlteot shell
verify, In writing, that the subject project has been oonstruoted 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 ail
plant material shall be olearly delineated and subject to the review and approval of staff,
At a minimum, suoh plan shall Incorporate the following:
a, All exterior walkways and driveways shall consist of decorative pavers, set In
sand or other equally semi-pervious material, subject to the review and approval
of staff.
b. 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,
The utilization of root barriers and/or struotural soil, as applioeble, shall be clearly
delineated on the revised landscape plan.
d. The applicant shall verify, prior to the Issuance of a Building Permit, the exact
location of all bookflow preventors and all other related devices and fixtures;
such fixtures and devices shall riot be permitted within any required yard or any
area fronting a street or sidewalk, The location of baokflow preventors, slameso
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 end landscape plans and shall be subject to the review and approval of staff,
e. The applicant shall verify, prior to the Issuance of 'a Building Permit, the exact
location of all applicable FPb transformers or vault rooms; suoh transformers and
vault reorrie, and all other related devices and fixtures, shall not be permitted
within any required yard or any area fronting a street or sidewalk, The looation of
Page 390 of 2353
Page 4 of 7
HP B nio No 5477
Meeting Date: February 12, 2008
any exterior transformers, and how they are 5oreened 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,
f. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for
the project architeot shell verify, In writing, that the projeat is consistent with the
site and landscape plans approved by the Planning Department for Building
Permit,
3. The roof-top deck shall be for hotel patrons and their guests only The roof-top bar shall
not be open past 8:00 pm,
4, All building signage shall be consistent In type, composed of flush mounted, non-plastic,
individual letters and shall require a separate permit,
5, The final exterior surface color scheme, Inoluding color samples, shall be subject to the
review and approval of staff and shall require 8 separate permit,
0, A traffio mitigation plan, which addresses all roadway Level of Service (LOS) deficiencies
relative to the oonourrenoy requirements of the City Code, If required, shall be submitted
prior to the issuance of a Building Permit and the final building plans shall meet all other
requirements of the Land Development Regulations of the City Code,
7, An historic analysis of the existing structure, inclusive of a photographic end written
description of the history and evolution of the original building on site, shall be submitted
to and approved by staff, prior to the issuance of a Building Permit; such historic analysis
shall be displayed prominently within the public area of the structure, In a location to be
determined by staff,
8. All new and altered elements, spaoes and areas shall meet the requirements of the
Florida Accessibility ()ode (FAC),
9, 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 end the Issuance of e Certificate of Occupancy,
10, 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 e
preliminary review of the proposed project, the following may be required by the Public
Works Department:
A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's Impaot on transportation and
neighborhoods, The study shall address all roadway Level of Service (LOS)
deficiencies relative to the oonourrency 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
Page 391 of 2353
Page 5 of 7
HP S File No, 5477
Meeting Dote: February 12, 200
Miami Beach's Traffic and Neighborhood Impact Methodology as issued by the
Public Works Department,
b, Remove/replace sidewalks, curbs and gutters on all street frontages, if
applicable, Unless otherwise specified, the standard oolor far city sidewalks Is
red, and the standard curb and gutter color Is gray,
0. IVIIII/resurface asphalt In rear alley along property, If applicable,
d, Provide underground utility service connections and on-site transformer location,
if necessary,
e. Provide back-flow prevention devices on all water services,
f, Provide on-site, self-contained storm water drainage for the proposed
development,
g. Meet water/sewer concurrency requirements including a hydraulic water model
analysis and gravity sewer system capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
project,
h. Payment of City utility impact fees for water metersiservicea.
Provide flood barrier ramps to underground parking or minimum slab elevation to
be at highest adjacent orown road elevation plus 8".
J , Right-of-way permit must be obtained from Public Works.
k. All right-of-way enoroachments must be removed.
All planting/landscaping in the public right-of-way must be approved by the Public
Works and Parks Departments,
11. A drawn plan and written procedure for the proposed demolition shall be prepared and
submitted by a Professional Structural Engineer, registered In the State of Florida, which
fully ensures the protection of the public safety, as well as the protection of the existing
structure on the subject site and all existing structures adjacent to the subject site during
the course of demolition.
12, The Certificate of Appropriateness for Demolition shall only remain Iri effect for the
period of time that there la an active Certificate of Appropriateness for the associated
new construction on the subject property.
13. 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 Intoaccount, AR work on site must be completed
ir accordance with the plans approved herein, as well as by the 13ulidIng, Fire, Planning,
Page 392 of 2353
Page 6 of 7
HP3 File No 6477
Meeting Date: February 12, 2008
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,
14, The Final Order shall be recorded in the Public Reoords of Miami-Dacie County, OK to
the issuance of a Building Permit,
15, The Final Order is not severable, and if any provisioner 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 strioken provision or condition, and/or it Is appropriate to modify the
remaining conditions or impose new oonditions.
IT 18 HEREBY ORDERED, based upon the foregoing findings. of foot,. 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 0 of the
Findings of Fact (Condition Nos, 1-15., inclusive) hereof, to which the applicant has ogreed,
No building permit shall be approved unless and until all conditions of approval as set forth herein
havabeen met, The issuance of a Certificate of Appropriateness does not relieve the applicantfrom
obtaining all other required Municipal, County and/or State reviews and permits, including. zoning
approval, If adequate handicapped access Is not provided, this approval does not mean that such
handicapped access is not required or that the Board supports an applicant's effort to seek waivers
relating to handicapped accessibility requirements.
WherveclUl1!r1.P Melina.
oocerdanc th t e above coidlton s well as an otated floor hich clean del neat th
F .or r a Reto R o.. otto orth proleot, shall p sU *milled to P annincLQOPortinent.
If all of the above-specified oonditions are satisfactorily addressed, the plans will be. reviewed for
building permit approval, Two (2) sets will be returned to you for submission for a building permit
and ore (1) set will bo retained for the Historic' Preservation Board's file,
If the Full Building Permit for- the project Is net issued within eighteen (18) months of the meeting
date at whioh the original Certificate of Appropriateness was granted, and construction does not
commence and oontlnue in accordance with the requirements of the applicable Building Code, the
Certificate of Appropriateness will expire and become null and void, unless the applicant, prior to
expiration of such period, makes application to the Board for an extension of time; the granting of
any such extension of time shall be at the discretion of the Board, At the hearing on any suoh
application, the Board may deny or approve the request and modify the above conditions or impose
additional conditions.
Failure to comply with this Order shall subject the Certificatecf Appropriateness to SeetIon 118-664,
e Boar
•
odifled in
Page 393 of 2353
Page 7 of 7
HPB File No 5477
Meeting Date: February 12, 2008
Olty Code, for revocation or modification of the Certificate of Appropriateness,
Dated this ( day of
Ve)Ol'aifit_, 202.
STATE OF FLORIDA
)SS
COUNTY OF IVIIAMI-DADE )
HISTORIC PRESERVATION BOARD
THE TY OF MIAMI B AOH, F 0 IDA
THOMAS R, 1VIO0NEY, AICP
DESIGN AND PRESERVATION MANAG R
FOR THE CHAIR
The foregoin g Instrument was acknowledged before me this ,11 day of
1,04( 20_5R by Thomas R, Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the
Corporation, He is personally known to Me,
yr,. Notary PtiblIo.State of Mao
Rondy Oesat
I My Oommissloo DO517341
11.0' Exphvs OVIV2010
Approved As To Form:
Legal Department:
eg.freri
NOTARY PUB IC
Miami-Dade County, Florida
My commission expires;_1,- 0/0
Filed with the Clerk of the Historic Preservation Board o n
nPLAN\SHP8108HPIVIOHPB08\6477.1o,doo
Page 394 of 2353
BEFORE J THE
AI F +1z` i J T i € `
OF 11 J OIITY O P MANI li l IAC iiv iFf RII B
IN R. The application of
COLLINS CORNER, LL.Cb
1201, 1221 AND 1226 COLLINS AVENUE
IV1JA)111 BEACH, FLORIDA
(I OR LE AL DESCRIPTION PLEASE
CONTACT THE PLANNING DEPT,)
Recording Office Utie Only
1l llI ll 1�I WIiM II ll 1111111 M111111111 ll11111i11 D MI lin
(:F IN tt2�0DMAk''JFt,c� I�;'rL17�+ r7. 4
UR Bk iW446 Pv% r4O 9 4i02;i (4V10
. P1 ££faiVl?C1) 0t/24 /21. 11;06413
HARVEY RUM' 0L PI; OF 4OURT
Mi;AHI-gfariC', (OlJIITYr FLORIN)
RIDER
The applloant, Collins Comer, LLC, filed an application with the Planning Department for
variances ln. order to renovate the existing two and three story buildings, Inclusive of some
partial demolition and rooftop additions and the construction ofa newfive-story structure to
be part of a hotel complex, as follows:
4; - varianee -te- waived' -g" .c f4he -req 1ffi ml u roRt pe afar- setbaol in
order to flidkti olu s-at 4' .0 "- from— the.ffe prapert line fa g- Gellins
Avenue,
S`t� "
MEETING DATE: MAY 9, 2003
FILE NO. 335
Variance No. 1 withdrawn by staff
2. A veriaboe to waive the section of the code that requires a tenwfoat -deep oavered
front poroh running substantially the full width of the building front, In order to
provide a covered porch, with a width of 10' 0" that does not run substantially the
full width of the building front.
.-- -A verlanc -waive " tire- Palnimum -re l red -ir +ler*Sielekpede i- aetlaaaek ef4-
A '- iii- order -tc .b+ iid-n -'five ry- sty+stur M m h ~neptt -p perty--line
Variance No. 3 withdrawn by applicant
4., A. A variance to waive 1' 0" of the minimum floor to telling height of 12' 0 h order
to provide a floor to ceiling height of 10' - 6" along the required porch.
4. B. A variance to waive the requirement to provide a courtyard, open to the sky, with
a minimum of 2,000 square feet, with the long edge of the courtyard along the side
property line and a minimum average depth of 20 feet in order to provide a
courtyard with an area of 216 s.f. and a minimum average depth of 17' - $" and the
long edge not facing the side property line. (The area of the courtyard shall be
increased by an additional 60 square feet for every one foot of building height above
30 feat as measured from grade, for •a total required area of 2,000 s.f.)
Page 395 of 2353
Board of Adjust/aunt Palo; Mt/no of May 9, 2005
Pfla No mul: Collins Corner, LW
120f, 121 and 1225 Collins Avaatia, Mlad Boaoh, Florida
raga 2 of 4
.67,----A-variance-te-eneed-by-6;06-,1-squarefeet-t-hmaximum-permitted-retail-spase-ef
61-000$quare-feet-irt-order4o-previde-a-totat-ef 117003--sq-uare-feet, ef-retell-ewthe
site;
Variance No, 8 withdrawn by staff
Notice of the request for variance was given es required by law and mailed to owners of
property within a distance of 375 feet of the exterior limits of the property on which
application was made,
THE BOARD FINDS that the property in question is located in the MXI Zoning District,
THE BOARD FURTHER FINDS, based upon evidence, testimony, information and
documentation presented to the Board, end portions of the staff report and
recommendations, as applicable, which ere incorporated herein by this reference, that with
regard to the requested variance when conditioned as provided for in this Order:
That special conditions and circumstances exist which are peouliarto the land, structure, or
huliding involved and which are not applicable to other lands, structures, or buildings In the
same zoning district;
That the special conditions and circumstances do not result from the action of the
applicant;
That granting the variance requested will not confer on the applicant any special privilege
that Is denied by this Ordinance to other lands, buildings, or structures in the serne zoning
district;
That literal interpretation of the provisions of this Ordinance would deprive the applicant of
rights commonly enjoyed by other properties In the same zoning district under the terms of
this Ordinance end would work unnecessary and undue hardship on the applicant;
That the variance granted Is the minimum variance that will make possible the reasonable
use of the land, building or structure
That the granting of the variance will be In harmony with the general Intent and purpose of
this Ordinance and that such variance will not be Injurious to the area involved or otherwise
detrimental to the public we/faro; and
That the granting of this request Is consistent with the comprehensive plan end does not
reduce the levels of service as set forth in the plan,
IT IS THEREFORE ORDERED, by the Board, that variances 2, 4A and el,B be APPROVED
as requested and set forth above, with the following conditions to which the applicant has
agreed:
1. Substantial modifications to the plans submitted and approved as part of the
application, as determined by the Planning Director or designee, may require the
Page 396 of 2353
f3o0r0 of Atipimont Ortfor Mooting of My 9, 2000
Pilo No, 8206: Collins Comor, LW
1201, 1221 tend 1228 Collins Avonuo, NYeml &loon, Florida
NO 3 of 4
applicant to return to the Board for approval of the modified plans, even If the
modifications do not offeot variances approved by the Board.
2, A landscape, plan for the entire site, prepared by a Professional Landsoape
Arohiteot, inclusive of street trees as per the City of Miami Beach Master Street Tree
Plan, shell be submitted to and approved by staff before a building permit Is issued
for construction,
3. Proposed floor plans for all proposed alcoholic beverage establishments within the
hotel, InoludIng the ground floor lobby bar and the 2 Floor restaurant, shall be
submitted to the City's Building Department for purposes of determining the
proposed occupant load, prior to the approval of any building permit, If the
Qum ulative occupancy load of all alcoholic beverage establishments within the hotel,
as determined by these floor plans, exceeds 299 persons, the applicant shall apply
for and reoeive Conditional Use approval for a Neighborhood impact Establishment
from the Planning Board, prior to the issuance of any building permit, Conditional
Use approval shall also be required for any proposed outdoor entertainment, open-
air entertainment, or entertainment establishment with an occupant load exceeding
109 persons,
4, The applicant shall comply with ail conditions imposed by the Public Works
Department,
6, The applicant shall obtain a full building permit within eighteen (18) months from the
date of this hearing. If the full building permit is not obtained within the specified
time limits, the applicant may, prior to expiration of such period, apply to the Board
for an extension of time; otherwise, the variance will expire, and become null and
void. At the hearing on such application, the Board may deny or Approve the
request and modify ithese conditions or impose additional conditions. Failure to
comply with this order shall subject the variance to Section 118-$66, City Code, for
revocation or modification of the variance.
6. This order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order
shall be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and/or it I8
appropriate to modify the remaining conditions or impose new conditions.
7. This Order shall be recorded, at the expense of the applicant, in the Public Records
of Miaml-Dade County; the original or a certified copy shall be provided to the
Planning Department prior to the issuance of a Building Permit,
PROVIDED, the applicant shall build In accordance with the plans submitted as pert of this
file and as approved by the Board of Adjustment with any applioable modifications,
The applicant shall have a full building permit for the work contemplated herein issued by
the Building Department on or before November 9, 2009 (within eighteen months of the
Page 397 of 2353
R MK K ,+ ti . . 6 P' .0 4'10'2
L AWT P A iii ,
&AdofAdjuatment Qirlur, Moottngof May 0, 2000
P11a No, 3306: CaIIAns Clamor, LW
1201,1221 and 12200 Calllns Avenue, Miami l aaah, !✓'laiki
Page 4 'of 4
date of this hearing) as per the above oonditions, If the full building permit is not obtained
within the specified time limits, the applicant shall apply to the Board for an extension of
time prior to expiration of such period; otherwise, this Order will expire, end become null
and void, unless the issuance of such permit is stayed by an appeal of this Order to a court
of competent Jurisdiction,
This Order does not constitute e building permit, but upon presentation of a recorded copy
of this Order to the Planning Department, a permit shall be processed and approved
(subject to compliance with the conditions hereof) in accordance with and pursuant to the
ordinances of the City of Miami Beach,
By:
Board of Adjustment of
The City of Mia ni Beach, Florida
chard C, Lorber, AICP
Planning & Zoning Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida. 33130
STATE OF FLORIDA )
COUNTY OF MIAMI. DARE )
The foregoing instrument was acknowledged before me this /7 day of
aa:t , by Richard C, Lorber, Planning and Zoning
Manager of the City of Miami beach, Florida, a Florida Municipal Corporation, on behalf of
the corporation, He is personally known to me.
. va NotuyPubllog oofVlotkia
�' Randy Com
cft6 KIroon1B0 0 iv 1 Notary: 4.
Print Name: / 'Andy L0So(
Notary Public, State of Florida
U►7
[NOTARIAL SEAL]
My Commission Expires:
Approved As To For
Legal Department (4 ,Q
Filed with the Clerk of the Board of Adjustment on 1110_,:g
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Page 398 of 2353
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Page 400 of 2353
Exhibit # 1
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) AlA
(Collins Avenue) from 12th Street to 13th Street, which is
located within the limits of the CITY; and
B. The CITY, pursuant to Permit Number 2017 C 691 06, 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 Number # 2017 C 691 06 (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.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 2 of 14
c. Maintaining a service log of all maintenance'
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 maybe 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.
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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.
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.
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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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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.
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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 T of the State
Constitution and Section 119.07(1), of the Florida
Statutes.
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c. If mutually agreed to by both parties, upon thirty (30)
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
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hired by the CITY for purposes of performing its duties
under this AGREEMENT.
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.
]..The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
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.
j•
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9. INDEMNIFICATION
Subject to Section 768.25, 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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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.
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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: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: I
CITY anage
ATTEST:
8/7 (SEAL)
BY:
District Director of
Transportation Operations
ATTEST:
CAY Clerk 1 Executive Secretary
LEGAL REVIEW:
BY:
District Chief Counsel
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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EXHIBIT `A'
PROJECT LIMITS
Below are the limits of the IMPROVEMENTS to be maintained by the
CITY under this AGREEMENT
State Road Number; A1A
Local Street Names: Collins Avenue
Agreement Limits: From 12th Street to 13th Street
County: Miami Dade
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EXHIBIT `B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
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