Resolution 2022-32226 RESOLUTION NO. 2022-32226
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PUBLIC
WORKS DIRECTOR TO EXECUTE, IN A FORM APPROVED BY THE CITY
ATTORNEY, A DECLARATION OF RESTRICTIVE COVENANTS AND
MAINTENANCE AGREEMENT ("DECLARATION") REGARDING
IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY, BY SHORE CLUB
PROPERTY OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY
("OWNER"), IN FAVOR OF THE CITY OF MIAMI BEACH (THE "CITY"), TO
DESIGN, CONSTRUCT, AND INSTALL LANDSCAPING AND ASSOCIATED
IMPROVEMENTS ("IMPROVEMENTS") ON THE OWNER'S PROPERTY AND
IN CERTAIN PORTIONS OF THE PUBLIC RIGHT-OF-WAY ABUTTING THE
PROPERTY LOCATED AT 1901 COLLINS AVENUE ("PROPERTY") AND
REQUIRING OWNER, AT ITS SOLE COST, TO MAINTAIN THE
IMPROVEMENTS.
WHEREAS, Owner holds fee simple title to that certain property known as 1901 Collins
Avenue, Miami Beach, Florida (the "Property"), identified by Miami-Dade County Folio No. 02-
3226-001-0020; and
WHEREAS, Owner seeks to develop a temporary sales center on the Property with
improved landscaping along 20th Street and along the City Beach Walk; (the "Project"); and
WHEREAS, Owner intends to renovate and restore portions of the Property, at which time
Owner will install new landscaping and improvements on the Property and within the City Beach
Walk and 20TH Street rights-of-way adjacent to the Property, subject to the review and approval
of City staff and/or the Historic Preservation Board, as may be applicable (the "Future
Improvements"); and
WHEREAS, the City of Miami Beach ("City") requires that the owner design, construct,
and install the Improvements, and any Future Improvements, on the Property and in certain
portions along the City Beach Walk and 20th Street adjacent to the Property, substantially in
accordance with the plans reviewed and approved by the City (the "Plans"); and
WHEREAS, the Owner has applied to the City for permission to install the Improvements
along the right-of-way, according to the Plans; and
WHEREAS, the City has jurisdiction over 20th Street and the City Beach Walk rights-of-
way; and
WHEREAS, the City has requested the Owner execute this Declaration to ensure that
Owner will maintain or cause to be maintained the Improvements, and the Future Improvements,
in a good state of repair as required below, without liability or cost to the City; and
WHEREAS, the Administration recommends the Mayor and City Commission approve the
Declaration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Public Works
Director to execute, in a form approved by the City Attorney, a Declaration of Restrictive
Covenants and Maintenance Agreement Regarding Improvements in the Public Right of Way, by
Owner Shore Club Property Owner, LLC, a Delaware limited liability company, in favor of the City,
to design, construct, and install, at Owner's sole cost and expense, landscaping and associated
improvements ("Improvements") on the Owner's property and along certain portions of the public
rights-of-way abutting the property, located at 1901 Collins Avenue ("Property"), and requiring
Owner, at its sole cost, to maintain the Improvements, in connection with the construction of a
sales center and redevelopment of the Property.
PASSED and ADOPTED this ad day of ` u , 2022.
=PM 'GELBER, MAYOR
ATTEST: , JUL 2 5 2022
:INCORPORATED,•'
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
City Attorney ► 1v._ Date