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HomeMy WebLinkAboutResolution 2025-34051RESOLUTION NO. 2025-34051 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN EASEMENT AGREEMENT WITH SOUTHGATE TOWERS, LLC ("GRANTOR"), OWNER OF THE PROPERTY LOCATED AT 910 WEST AVENUE (THE "PROPERTY"); SAID AGREEMENT GRANTING THE CITY ("GRANTEE") A PERPETUAL NON-EXCLUSIVE EASEMENT FOR THE PUBLIC'S USE OF THE ALREADY CONSTRUCTED BAYWALK, LOCATED ALONG THE WEST PORTION OF THE PROPERTY, IN ACCORDANCE WITH ORB FILE NO.22945; AND APPROVING THE REIMBURSEMENT OF $195,000, SUBJECT TO APPROPRIATION AND APPROVAL PURSUANT TO AN AMENDMENT TO THE FY 2026 CAPITAL BUDGET AT THE NEXT CITY COMMISSION MEETING, FOR THE INSTALLATION OF A GLASS RAILING, SEPARATING THE PUBLIC BAYWALK FROM THE OWNER'S PROPERTY; AND AUTHORIZING THE CITY MANAGER TO FINALIZE THE EASEMENT AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL EASEMENT AGREEMENT. WHEREAS, as part of the development and improvements to their property at 910 West Avenue (the "Property), Southgate Towers, LLC (the "Owner" or "Grantor') offered, proffered, and agreed to grant an easement in favor of the public for a Baywalk along the upland portion at the rear of the Property (the "Public Baywalk"); and WHEREAS, on March 5, 2013, pursuant to that certain Order of the Design Review Board ("DRB"), File No. 22945 (the "DRB Approval"), the project received approval, which included the following stipulations: That Ownerwould grant an easement in favor of the public over the Public Baywalk concurrently with the completion of, and public accessibility to, the portion of the Baywalk located to the south; and That the City would reimburse the cost of the glass railing/fence separating the Public Baywalk from Owner's property in an amount not to exceed $195,000; and WHEREAS, on November 23, 2016, Owner submitted a request for reimbursement for the installation of the glass railing/fence along the Public Baywalk pursuant to that certain stipulation of the DRB Approval; and WHEREAS, the Administration will only fund the reimbursement for the scope of work identified and stipulated in the DRB Approval if authorized by the City Commission, at its sole discretion; and WHEREAS, no appropriations have previously been made to accomplish this reimbursement; and WHEREAS, on December 14, 2016, the City Commission approved a referral to the Finance and Citywide Projects Committee (now FERC), entitled "Discussion and Potential Funding Options fora Public Baywalk Guardrail Located at 900 West Avenue Southgate Towers," to consider and make a recommendation for the request for reimbursement from Owner under the DRB Approval; and WHEREAS, on January 20, 2017, the Finance and Economic Resiliency Committee ("FERC") discussed the item and recommended moving the item to the full City Commission with a Capital Budget Amendment allocating $195,000 for the reimbursement to Owner for the Public Baywalk glass railing/fence; and WHEREAS, on April 26, 2017, the City Commission did not accept FERC's recommended proposed Capital Budget Amendment and instead referred the item back to FERC and the Neighborhood/Community Affairs Committee ("NCAC"), where no further discussion took place by either committee; and WHEREAS, the Public Baywalk has been constructed along the upland portion at the rear of the Property, but has not yet been made publicly accessible by Owner; and WHEREAS, Owner has advised the City that with the completion of the Baywalk to the north, in lieu of the segment to the south, Owner is willing to grant an easement in favor of the public over the Public Baywalk at the Property, provided that the reimbursement for the glass railing/fence, as stipulated in the DRB Approval, is completed and an Easement Agreement is executed; and WHEREAS, the City Administration recommends approving, in substantial form, the Easement Agreement attached to the City Commission Memorandum accompanying this Resolution, contingent upon the Administration securing the requisite funding appropriation and approval pursuant to an amendment to the FY 2026 Capital Budget for the cost of the installation of the glass railing/fence, consistent with the DRB Approval stipulation; and authorizing the City Manager to negotiate and execute the final Easement Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve, in substantial form, an Easement Agreement with Southgate Towers, LLC, ("Grantor"), owner of the property located at 910 West Avenue (the "Property'); said Agreement granting the City ("Grantee") a perpetual non-exclusive easement for the public's use of the already constructed Baywalk, located along the west portion of the Property, in accordance with DRB File No. 22945; and approve the reimbursement of $195,000, subject to the appropriation and approval of the City Commission pursuant to an amendment to the FY 2026 Capital Budget at the next City Commission meeting, for the installation of a glass railing separating the Public Baywalk from Owner's property; and authorize the City Manager to finalize the Easement Agreement; and further authorize the City Manager and City Clerk to execute the final Easement Agreement. PASSED and ADOPTED this 0 day of lieu ATTEST: D / Steven Meiner, Mayor Rafael E. Granado, City Clerk Sponsored by Commissioner Laura Dominguez CoSnnnsored by Commissioner Joseph Magazine DEC 2 2 2025 ,9R�H z6::9 APPROVED AS TO FORM AND LANGUAGE & FORaECUTION '42L, J ZdL: City Attorney Date Resolutions - R7 U MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: December 17, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN EASEMENT AGREEMENT WITH SOUTHGATE TOWERS, LLC (GRANTOR), OWNER OF THE PROPERTY LOCATED AT 910 WEST AVENUE; SAID EASEMENT GRANTING THE CITY (GRANTEE) A PERPETUAL NON-EXCLUSIVE EASEMENT FOR THE PUBLIC'S USE OF THE ALREADY CONSTRUCTED BAYWALK, LOCATED ALONG THE WEST PORTION OF THE PROPERTY, IN ACCORDANCE WITH ORB FILE NO. 22945; AND APPROVING THE REIMBURSEMENT OF $195,000, SUBJECT TO APPROPRIATION AND APPROVAL PURSUANT TO AN AMENDMENT TO THE FY 2026 CAPITAL BUDGET AT THE NEXT CITY COMMISSION MEETING, FOR THE INSTALLATION OF A GLASS RAILING, SEPARATING THE PUBLIC BAYWALK FROM THE OWNER'S PROPERTY; AND AUTHORIZING THE CITY MANAGER TO FINALIZE THE EASEMENT AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL EASEMENT AGREEMENT. The Administration recommends that the Mayor and City Commission (City Commission) adopt the Resolution. As part of the development and improvements to the property at 910 West Avenue, the property owner offered, proffered, and agreed to grant an easement for a public baywalk along the upland portion at the rear of the site. On March 5, 2013, the project received Design Review Board (DRB) approval, which included the construction of the Baywalk and a speck stipulation that the property owner would grant an easement and be reimbursed for the cost of installing a glass railing/fence along the baywalk in an amount not to exceed $195,000. On November 23, 2016, the property owner submitted a request for reimbursement for the installation of the glass railing/fence along the baywalk. After researching the matter with the Planning and Budget Departments, it was concluded that no budget line item was ever created for this particular scope of work / re-imbursement. Additionally, it did not appear that the agreement to fund the scope of work identified in the DRB Order ever made its way to the City Commission for budget action. As such, the Administration has no authority to unilaterally fund the amount in question, as the DRB order alone does not provide a budget allocation or authorization to pay. On December 14, 2016, the City Commission approved a referral to the Finance and Citywide Projects Committee (now FERC) - Discussion and Potential Funding Options for a Public Baywalk Guardrail Located at 900 West Avenue Southgate Towers (Exhibit A). The referral memorandum included, as an Exhibit, the request for reimbursement from the property owner, as well as the DRB approval, which included the stipulations for the easement agreement, that the public 2782 of 3458 baywalk would be opened concurrently with the baywalk segments to the south, and that the City would reimburse the cost of the glass railing/fence in an amount no to exceed $195,000. On January 20, 2017, the Finance and Economic Resiliency Committee (FERC) discussed the item and recommended moving the item to the full Commission with a Capital Budget Amendment. On April 26, 2017, a Capital Budget Amendment proposed an allocation of'0195,000 for the reimbursement to Southgate Towers for the Baywalk glass railing (fence). However, the item was not approved and was dual -referred back to FERC and Neighborhood/Community Affairs Committee. The item was not discussed by either committee. An upland baywalk has been constructed at 910 West Avenue: however, it has not yet been made publicly accessible by the property owner, awaiting the completion of adjacent baywalk segment to the south. Additionally, as stipulated in the ORB Order, the property owner should be reimbursed for the cost associated with the installation of the glass railing/fence. ANALYSIS The City Administration and the property owner have been actively engaged in negotiations regarding the terms of the easement agreement for the public use of the pedestrian baywalk "Southgate Baywalk Improvements." At present, the easement agreement (Exhibit B) is undergoing legal review by both the City Attorney's Office and the legal counsel representing the property owner, to ensure all provisions are appropriately addressed and mutually acceptable. The property owner has advised the City that with the completion of the baywalk to the north, in lieu of the segment to the south, they are willing to open the Southgate Towers baywalk to public use, provided that the reimbursement for the glass railing/fence, as stipulated in the DRB order, is completed and the easement agreement is executed. The City Administration recommends authorizing the City Manager to negotiate and execute the easement agreement, in substantial form, and approve the funding to reimburse the cost of the installation of the glass railing/fence. FISCAL IMPACT STATEMENT The total cost of the glass railing to be reimbursed is $195,000, subject to a future amendment to the FY 2026 Capital Budget. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: httys:ltw .miamibeachfl.gov/city-haillcity- lerk/meetino-notices/ 2783 of 3458 Subject to a future capital budget amendment to the FY 2026 Capital Budget. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. Applicable Area South Beach Is this a "Residents Riaht to Know" item, Is this item related to a G.O. Bond Pursuant to City Code Section 2.177 Project? Yes No Was this Agenda Item initially requested bV a lobbyist which as defined in Code Sec. 2-481, includes a Principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Capital Improvement Projects Sponsor(s) Commissioner Laura Dominguez Co-sponsor(s) Condensed Title Approve Reimbursement, Southgate Towers Baywalk Glass Railing Installation. (LD) CIP Previous Action (For City Clerk Use Only) 2784 of 3458 EXHIBIT A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 14, 2016 SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION AND POTENTIAL FUNDING OPTIONS FOR A PUBLIC BAYWALK GUARDRAIL LOCATED AT 900 W EST AVENUE SOUTHGATE TOWERS. Refer the discussion to the Finance and City Wide Projects Committee for consideration and recommendation. HISTORY On March 5, 2013, the Design Review Board (DRB) approved a renovation project for Southgate Towers at 900 West Avenue (DRB File No. 22945), which included a publicly accessible baywalk on private property. In this regard, condition 4.g of the DRB Final Order for the application states the following: The Public Baywalk may be secured and segregated from the upland portions of the site, in a manner to be reviewed and approved by the Citys Planning Department design review staff and the applicant. The City has agreed to partially fund the construction of a fence separating the Public Baywalk from the applicants property located eastward of the Public Baywalk Easement area in an amount not to exceed $195,000 (based upon $300 per linear foot for 650 linear feet). Apparently at the time of approval of this application on March 5, 2013, H was represented that the City would fund up to $195,000 for the fence separating the public baywalk from private property. However, no formal agreement was executed as part of this condition, either prior or subsequent to the execution of the DRB Order, nor were funds set aside in a separate account. ANALYSIS After researching the matter with the Planning and Budget Departments, it has been concluded that no budget line item was ever created for this particular scope of work / re-imbursement. Additionally, it does not appear that the agreement to fund the scope of work identified in the DRB Order ever made its way to the City Commission for budget action. As such, the Administration has no authority to unilaterally fund the amount in question, as the DRB order alone does not provide a budget allocation or permission to pay. Page 91 of 1511 2785 of 3458 EXHIBIT A Normally, a Land Use Board, even under the guidance of City Staff, will rat commit the City to a monetary obligation, unless such obligation is approved by the City Commission and a budget line item is established. Also, a signed agreement is typically drafted and executed, prior to such a condition even being contemplated by a Land Use Board. When City Officials agree to fund an !^hprovement on private property, the money is typically identified and set aside in an account, pursuant to an executed agreement that is signed either by the City Manager, or expressly authorized by the Mayor and Commission. The project applicant in this particular instance, Gumenick Properties, contends that the City agreed to this as a condition of approval, based upon representations made at the DRB meeting, and the explicit language in the DRB Order. The applicant has further contended that they would rat have agreed to otherwise allow a publicly accessible baywalk on their private property and has intimated that a failure to provide the funds could jeopardize the remainder of the conditions in the DRB order, including public accessibility to the baywalk. Attached is correspondence from the applicant, along with the DRB Final Order. The City, through the Baywalk Master Plans, has placed a high priority on facilitating public access to a continuous baywalk along West Avenue, Given the previous success in worldng with upland property owners, such as Southgate Towers, the Administration is recommending that this matter be referred to the Finance and City Wide Projects Committee for further discussion and recommendation. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the discussion to the Finance and City Wide Projects Committee for consideration and recommendation. Sponsor Office of the City Manager ATTACHMENTS, Description o Southgate Applicant Letter and DRB Order Page 92 of 1511 2786 of 3458 EXHIBIT A November 23, 2016 I�tF7�=['SiiLT[au[]II Susy Torriente Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Nelsen O. Kasdin Akennen LLP Three Bmkell City Gx 9a 5nutheL4t Seventh sheet suae 1100 Mleml. FL 33131 Tel: 305.374.5600 F. 305 374.5095 RE: 900-910 West Avenue, Miami Beach, Florida Request for Baywalk Partition Construction Cost Partial Reimbursement Dear Ms. Torriente This letter is further to our correspondence regarding reimbursement from the City of Miami Beach ('City') to Southgate Towers LLLP ('Owner") for the cost of construction of the Baywalk at Southgate Towers, 900-910 West Avenue ("Southgate Towers or the "ProoeM'). In 2010, Owner initiated plans to renovate interior and exterior components of Southgate Towers. During the renovation approvals process, Owner agreed to construct a portion of the City's Baywalk along the entire length of the Property's bay -facing side. The City, in turn, agreed to contribute up to $195,000 towards the cost of constructing a partition between the Baywalk and the Property ('Contribution Agreement'). The Contribution Agreement is memorialized in Section B(4)(g) of the Design Review Board ("DJ35') order dated March 5, 2010, under DRB File No. 22945,' which states, in pertinent part, as follows: 'The March 5, 2010 DRB order is attached as 'Exhibit A' 140075592; 11 Page 93 of 1511 2787 of 3458 EXHIBIT A November 23, 2016 Page 2 The City has agreed to partially fund the construction of a fence separating the Public Baywalk from the applicant's property located eastward of the Public Baywalk Easement area in an amount not to exceed $195,000 (based upon $300 per linear foot for 650 linear feet). The video recording of the March 5, 2010 DRB meetingz shows multiple lengthy discussions between the DRB Board and Owner's counsel regarding the Baywalk, the partition between. the Baywalk and the Property, and the Contribution Agreement. In fact, at approximately 01:24:20. then Assistant City Manager Jorge Gomez appears on the record to confirm the City's commitment to the Contribution Agreement. Owner has proceeded with its renovations of Southgate Towers, construction of the Baywalk, and construction of the partition between the Baywalk and the Property in good faith and in reliance upon the Contribution Agreement. The work is now complete. Therefore, Owner is seeking reimbursement of a portion of its costs related to construction of the partition, pursuant to the Contribution Agreement, in the amount of $195,000. Sincerely, AKE ,LLP Nei n O. Kasdin NICK Enclosures oc: Thomas Mooney, AICP Eve Boutsis, Esq. ' The video can be viewed at hftp://web.miamibwchfl.gov/mbtv77/wroll.aspx?id=52538 Page 94 of 1511 2 g88 of 3458 EXHIBIT A Exhibit "A" 26 91a9:q Pa a 95 of 1517 2 989 of 3458 EXHIBIT A DESIGN REVIEW BOARD City of Miami Beach, Florida MEETING DATE: March 5, 2013 FILE NO: 22945 PROPERTY: LEGAL: 910 West Avenue CERTIFICATION ttrsuarl.ALAqpA Lots 11.18. Block 1, Fleetwood Subdivision, According to the Plat Thereof, as recorded in Plat Book 28 at Page 34, of the Public Records of Miami -Dade County, Florida. IN RE: The Application for Design Review Approval for modifications to the exterior of two (2) existing 14-story apartment buildings, including design modifications to the existing facades, and new roof -top terraces, and a new hardscape and landscape plan for the site, including an outdoor dining area, and 10th Street street -end improvements in the Public right- of-way, and modifications to previously approved conditions for the construction of a public baywalk. ORDER The applicant, Southgate Towers, LLLP, fled an application with the City of Miami Beach Planning Department for Design Review Approval. The City of Miami Beach Design Review 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. 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 not consistent with Design Review Criteria No. 3 in Section 118-251 of the Miami Beach Code. B. The project would be consistent with the criteria and requirements of section 118-251 if the following conditions are met: Page 95 of 1511 2790 of 3458 EXHIBIT A Page 2 of 10 Meeting Date: March 5, 2013 DRB Pile No. 22945 1. The subject application shall not include any encroachments into City Right -of -Way. This shall include. but not be limited to, terraces, decks, ramps and walkways. Any proposed encroachments will require the review and approval of the City Commission, and such encroachments must first be authorized by the City Commission, prior to any action by the Design Review Board. 2. Revised elevation, site plan and Floor plan drawings shall be submitted; at a minimum, such drawings shall incorporate the following: a. Roof -top mechanical screening of existing mechanical equipment shall be required, including incorporation of sound attenuation measures, and shall be further explored and may be implemented in a manner to be reviewed and approved by staff. b. Cladding of the existing elevator towers with decorative screening and lighting features shall be further explored and may be implemented, in a manner to be reviewed and approved by staff. C. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. All windows visible from 10'" Street and West Avenue shall contain horizontal and vertical muntins to closely match the original window configurations, to the greatest extent possible, subject to the review and approval of staff. d. Bicycle racks shall be provided, in a manner to be reviewed and approved by staff. e. 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. 3. 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. Street trees shall be required on the applicant's property along the north side of the north building, where feasible, in a manner to be reviewed and approved by staff. b. A site wall, shall be provided, so long as it can be constructed incompliance with all applicable zoning requirements. without requiring a variance, along the north side of the proposed dining terrace in order to further mitigate sound transmission, in a manner to be reviewed and approved by staff. G. All proposed Sylvester palms shall be replaced with Date palms, in a manner to be reviewed and approved by staff. d. No landscape material or planters, other than sod, shall be permitted within ten (10') feet of the rear property line, along the entire western perimeter of the site, except as ap ove y,t4e,Pesign Review Board or staff in conjunction with the design o/ 3458 EXHIBIT A Page 3 of 10 Meeting Date: March 5, 2013 ORB File No. 22945 e. Irrigation, uplighting and the City's standard bound aggregate system with fertilization trench may be required for all street trees located within the sidewalk, subject to the review and approval of staff. f. 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. g. The utilization of root barriers and/or structural soil, as applicable, shall be clearly delineated on the revised landscape plan. h. The applicant shall verity, prior to the issuance of a Building Permit, the exact location of all backflow preventors and all other related devices and fixtures; such fixtures and devices shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of back8ow preventors, 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. i. 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. j. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect or 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. 4. The applicant has voluntarily offered, proffered and agreed to provide an easement for a public bay walk ("Public Baywalk") along the upland portion of the rear of the subject site in accord with the following conditions. This proffer and its acceptance are based on a particularized evaluation and assessment of the subject project, the rational nexus between such project and impacts to the local transportation network, and the rational nexus and rough proportionality between the project and impacts to the transportation network and the bay walk proffered. a. At such time that 800 West Avenue, South Bay Club, grants an easement, release of riparian rights or other document to permit a Public Baywalk, the applicant shall enter into and record a public easement, approved by the City Attorney, which runs with the land, for the construction and maintenance of an upland Public Baywalk, in perpetuity, and confirming public access to such Public Baywalk, in accordance with the conditions herein ("Public Baywalk Easement"). The easement shall be recorded in the public records, at the expense of the applicant. b. The Public Baywalk Easement, located on the upland portion of the applicant's property, shall commenced at the northwest corner of the property, via a direct pedestrian connecP is street -end at the western terminus of 100 EXHIBIT A Page 4 of 10 Meeting Date: March 5, 2013 DRB File No. 22945 Street. The Public Baywalk Easement shall continue south along the rear of the upland portion of the applicant's property to the south west corner of the subject property, and shall be a minimum of ten (10') feet clear in width, contiguous with the rear (west) property line ("the Public Baywalk Easement area"). C. The future Public Baywalk shall be designed, permitted and built by the applicant. All costs associated with the design, permitting and construction of the Public Baywalk, as described herein, shall be borne by the applicant, as proffered by the applicant. d. The Public Baywalk shall connect directly to any future Public Baywalk to the south of the property, as well as connect to a public baywalk segment at 100 Street. e. The material, details and design of the Public Baywalk shall be provided, in a manner to be reviewed and approved by the Design Review Board. I. The Public Baywalk shall become publicly accessible (open to the general public) concurrent with the completion of, and public accessibility to the Public Baywalk for 800 West Avenue (South Bay Club), and at such time when the City has completed construction of a sidewalk on the south side of 100 Street from West Avenue to the Bay. g. The Public Baywalk may be secured and segregated from the upland portions of the site, in a manner to be reviewed and approved by the City's Planning Department design review staff and the applicant. The City has agreed to partially fund the construction of a fence separating the Public Baywalk from the applicant's property located eastward of the Public Baywalk Easement area in an amount not to exceed $195,000 (based upon $300 per linear foot for 650 linear feet). h. The applicant shall be responsible for the maintenance, repair and, if necessary, the replacement, if destroyed in whole or part, of a future Public Baywalk on its property, as provided herein, including the seawall, and shall establish reserves and insurance to accomplish this obligation. i. At such time that the Public Baywalk becomes open to the Public, all Public Baywalk access points shall be posted with standard "Public Baywalk" signs. The overall design, number, dimensions, placement and color of such signs shall be subject to the review and approval of Planning Department design review staff. j. At such time that the Public Baywalk becomes open to the Public, the installation of fences, gates or other barriers, which permanently block public access to the Public Baywalk shall be prohibited. k. If the applicant sells, leases or otherwise conveys the property, these conditions shall run with the land, and the applicant's successors and/or assigns shall be obligated to Comply with these conditions. 5. All building signage shall be consistent in type, composed of flush mounted, non - plastic individual letters Bind shall fyqu.re a separate permit. No illuminated signage shall be permitted facing ° TIMT. 3458 poll EXHIBIT A Page 5 of 10 Meeting Date: March 5, 2013 DRB File No. 22945 6. Tne final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 7- 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. 8. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, ri r to the issuance of a building permit. 9. 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. 10. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 11, 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 concumency 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. 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 sewer system capacity analysis as determined by the Department and the required up00 Of rades to water and sewer mains servicing this project. P q of 345811 ,,�j �V EXHIBIT A Page 6 of 10 Meeting Dale: March 5, 2013 DRB File No. 22945 In. Payment of City utility impact fees for water niters/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. All planting/landscaping in the public nghtof-way must be approved by the Public Works and Parks Departments. 12. The Applicant agrees to the following operational conditions for all permitted uses and shall bind itself, lessees, permittees, concessionaires, renters, guests, users, and successors and assigns and all successors in interest in whole or in part to comply with the following operational and noise attenuation requirements and/or limitations. The applicant shall ensure through appropriate contracts, assignments and management rules that these restrictions are enforced and the applicant agrees to include the rules and regulations set forth in these conditions in any contract or assignment. a. NOISE CONDITIONS i. No commercial outdoor bar counters shall be permitted on the premises The Design Review Board (DRB) or the Planning Director shall retain the right to call the owners and/or operators back before the DRB, at the expense of the owners and/ or operators, to impose and/or modify the hours of operation, or amend or impose other conditions, should there be a valid violation (as determined by Code Compliance) about loud, excessive, unnecessary, or unusual noise or other conditions of this approval. An adverse adjudication of a violation against the owner or operator is not necessary for the board to have jurisdiction over the matter under this condition. This condition vests jurisdiction independent of any other condition hereof. iiL A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach, Florida (a/k/a "noise ordinance"), as amended, shall be deemed a violation of this approval and subject the approval to modification in accordance with the procedures for modification of prior approvals as provided for in the Code, and subject the applicant to the review provided for in the first sentence of this subparagraph. iv. Except as may be required for fire or building code/Life Safety Code purposes, no loudspeakers shall be affixed to or otherwise located on the exterior of the premises at the northwest comer of the site in the area of the proposed outdoor dining terrace, or anywhere along 101° street. No commercial outdoor live music associated with the proposed restaurant shall be permitted at any time, inclusive of percussion, musical instrument, or vocal. Page 101 of 1511 2795 of 3458 EXHIBIT A Page 7 of 10 Meeting Date: March 5, 2013 DRB File No. 22945 vi. Special events pursuant to the Miami Beach City Code, associated with the proposed restaurant, may not be held on the premises a :J the applicant agrees that it will not seek or authorize applications for such permits. to, OPERATIONAL CONDITIONS i. Within sixty (60) days of the issuance of the TCO or CO for the project, or the date of commencement of operation of the restaurant, whichever is later, the restaurant operator shall make a progress report to the Design Review Board. The Board reserves the right to modify the conditions of this approval at the time of a progress report in a non -substantive manner, to impose additional conditions to address possible problems and to determine the timing and need for future progress reports. ii. No valet shall be permitted at any time along 10" street. Any valet operation shall take place at the existing primary vehicular drop-off and pick-up area located on the east side of the building, or from within the existing parking lot located on the south side of the northernmost building. iii. The applicant shall maintain a landscape buffer on the north side of the Outdoor Dining Area parallel to 10th Street, consistent with the landscape plans approved herein. iv. The applicant shall maintain a combination of roof overhang, shade structure, awning, canopy, and/or umbrellas over the Outdoor Dining Area. V. Any proposed outdoor seating associated with the restaurant shall be limited to a maximum of 75 seats. vi. With the exception of any required emergency egress, no pedestrian access to the proposed restaurant shall be permitted from the north side of the site along 10° street. All pedestrian access to any restaurant located on the north side of the site shall be provided from within the existing internal building circulation, or from within the subject property from the west (bayfront) elevation. vii. All trash containers shall have rubber tops AND all trash containers shall utilize inflated tires or the path for the trash containers shall consist of a surface finish that reduces noise, in a manner to be reviewed and approved by staff. viii. Adequate trash room space, air conditioned and noise baffled, shall be provided, in a manner to be approved by the Planning and Public Works Departments. Sufficient interior space must be provided so that doors can remain closed while trash and trash bags are being deposited in dumpsters. Doors shall remain closed and secured when not in active use. ix. Trash room(s)lgarbage room(s) shall be large enough, or sufficient in number to accommodate enough dumpsters so that no more than one pick up of garbage per day will be necessary. Page 102 of 1511 2 96 of 3458 EXHIBIT A Page 8 of 10 Meeting Date: March 5, 2013 DRB File No. 22945 X. Garbage dumpster covers shall be closed at all times except when in active use. xi. Garbage pickups and service deliveries shall not take place between 6PM and 8AM Monday through Friday, and shall not take place between 6PM and 10 AM Saturday and Sunday. xii. All kitchens and other venting shall be internally chased and venting systems shall be employed as necessary to minimize or dissipate smoke, fumes and odors. xiii. Equipment and supplies shall not be stored in areas visible from streets, alleys or nearby buildings. xiv. Interior loudspeakers shall not be located near doors leading to outside dining areas and interior music levels shall not interfere with the normal conversation of diners. xv. The restaurant's primary function shall be food service, and at no time shall it become a dance hall, disco or nightclub. Entertainment shall be limited to background music and the restaurant shall operate under a 2:00 AM liquor license. xvi. The hours of operation for any food and beverage service located at the northwest corner of the site on the exterior shall be limited to: 8:00 AM to 11:00 PM, Sunday through Thursday 8:D0 AM to Midnight, Friday and Saturday Staff cleanup shall cease within one (1) hour after closing times, including closing of the outdoor restaurant dining area. xvii. The restaurant operators shall take all steps necessary to protect nearby residents from noise, odors and other disturbances incidental to restaurant operations such as parking facilities, delivery vehicles and garbage trucks. Ali garbage, refuse and trash dumpsters shall be placed within an air-conditioned, fully enclosed garbage room, which satisfies the requirements of the applicable Building Code. 13. 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. 14. The Final Order shall be recorded in the Public Records of Miami -Dade County, prior to the issuance of a Building Permit, 15. At the time of completion of the project, only a Final Certificate of Occupancy (CO) 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 any modifications approved or required 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 Page 10of 1511 2797 off 3458 EXHIBIT A Page 9 of 10 Meeting Date. March 5, 2013 ORB File No. 22945 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. 16. 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. 17. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. 18. 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 adopted by the Board, that the Application for Design Review approval is GRANTED for the above -referenced project subject to those certain conditions specified in Paragraph B of the Findings of Fact (Condition Nos. 1-18, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Design Review Board, as determined by staff, entitled "Southgate Towers Renovation', as prepared by ADD Inc Architecture + Design, dated February 11, 2013., modified in accordance with the conditions set forth in this Order and staff review and approval. 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 Design Review Approval does not relieve the applicant from obtaining all other required Municipal, County and/or Stale reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board -approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting date at which the original Design Review Approval was granted, the Design Review Approval will expire and become null and void, unless the applicant makes application to the Board for an extension of time, in accordance with the requirements and procedures of Chapter 118 of the City Code; the granting of any such extension of time shall be at the discretion of the Board. At the hearing on any such application, the Board may deny or approve the request and modify the above conditions or impose additional conditions. If the Full Building Permit 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 Design Review Approval will expire and become null and void. In accordance with Section 118-264 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. Page 104 of 1511 2798 of 3458 EXHIBIT A Page 10 of 10 Meeting Date: March 5, 2013 ORB File No. 22945 Dated th,s `©* day of 0 C • L .20 13. DE REVIEW BO TW Y OF MIAMI CH•�J7OIRIDA 1 BY: TH CikS R. MOONEY, DESIGN AND PRESERVATION NAGER FOR THE CHAIR STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this /0day of _QQR r L 20a by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corpor 'on, o behalf of the Corporation. He is personally known t �, —� `'•.::w. iEERESA 41R61 dreoausaoxrtro�iel4 NOTARY PUBLIC •� r-D"r"'�r2�13 Miami -Dade County, Florida 9ew+rx'WNxar 6wm My commission expires: /oZ - Approved As To Form:.e,/ Legal Department: / • l (N-IO-oZc:l3 ) Filed with the Clerk of the lksign Review Board on - {�•--l0 - ZA13 F:IPLANSDRBIORa1TMarDRa13122W.Men 3 FO d Page 105 of 1511 2799 of 3458 EXHIBIT A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Ricky Aniola DATE: December 14, 2016 SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECT COMMITTEE TO DISCUSS ENGAGING THE WEST AVENUE NEIGHBORHOOD IN A PILOT PARTICIPATORY BUDGETING PROCESS USING THE FUNDS FROM THE ALTON COURT VACATION. ANALYSIS Please add this referral item to the December 14, 2016 City Commission consent agenda. On July 13, 2016, the City Commission approved Resolution No. 2016-29488. The resolution approved the vacation of a 20 foot wide right-of-way on Afton Court to 1695 Alton Road Ventures LLC. The City and the developers associated with 1695 Afton Road Ventures LLC have since agreed to enter into a Development Agreement, which is being voted on today as Item R7 G. As part of the agreement, the developer has offered a $665,000 voluntary financial contribution to the City in connection to the parcel. Members of the West Avenue neighborhood have contacted my office and asked that the $665,000 financial contribution the City will receive from the developer remain within the West Avenue neighborhood. I ask the Finance and Citywide Projects Committee to consider the neighborhood's request and work with City staff and residents to identify projects that could benefit the neighborhood. Additionally, I ask the Committee and staff to engage the neighborhood in a pilot participatory budgeting process to determine how best to allocate the funds. Legislative Tracking Commissioner Ricky Arnola & Co -Sponsored by Commissioner Rosen Gonzalez Page 106 of 1511 2800 of 3458 EXHIBIT B THIS EASEMENT AGREEMENT ("A ) is made and entered into as of the day of 20 by and betw'CITY OF MIAMI BEACH, a municipal corporation Wine St e or monde line "LW), with an address of 1700 Convention Center Drive, Miami Beach, Florida 33139, and Southgate Towers, LLC, a Delaware limited liability company ("Owner"), having an address of 910 West Avenue, Miami Beach, Florida 33139. RECITALS: A. Owner is the owner in fee simple of the residential project located at 910 West Avenue and commonly known as the "Southgate Towers" project, as legally described or depicted in Exhibit "A" attached hereto (the "Property"). B. Pursuant to that certain development order under Design Review Board Order dated March 5, 2013, under File No: 22945 recorded April 18, 2013, in Official Records Book 28589, Page 1759 (the "DRB Order") and subsequent modification No. 22945 recorded October 4, 2013 in Official Records Book 28853, Page 893, as further modified at the October 1, 2024 Design Review Board hearing Application No. 24-1041 (the "2024 DRB Order"), which Design Review Board determination has not been reduced to a written resolution, Owner has agreed to open to the public the existing pedestrian walkway (the "Southoate Baywalk Improve rryl - ") within a certain area of the Property legally described or depicted in Exhibit "B" attached hereto (the "Easement Ana"), subject to the terms, conditions, reservations and restrictions sat forth herein. C. Condition No. 4.g of the DRB Order provides for the City's grant of $195,000.00 (the "Grant") to reimburse the Owner to "partially fund the construction of a fence separating the public Baywalk from the [Owner's] property located eastward of the public Baywalk Easement Area" (the "Fence"). D. The Owner constructed the Southgate Baywalk Improvements within the Easement Area, and has constructed the Fence. E. F. Pursuant to the Easement Area Submerged Lands Lease (as defined in paragraph 6A), the Owner has the requisite rights, title and interest in any portion of the Easement Area located over submerged lands to grant the easements rights contained in this Page 1 of 16 2801 of 3458 EXHIBIT B Agreement, subject to any further clarifications which may be required, as described in paragraph 6.d. The Owner intends to enhance the existing Southgate Baywalk Improvements and Fence at its sole expense by (i) installing video cameras; (11) replacing the existing gales with new gates, to better secure the existing piers (dock and observation deck) extending perpendicular from the Southgate Baywalk; acd (iii) installing locks for the existing gates at the north and south ends of the Southgate Baywalk Improvement (the "Locks") (collectively, the "Additional Improvements"). The City will likely require installation of automated locks when the entire Baywalk system is open to ensure the gates may be opened and closed in a uniform fashion during Operating Hours as further set forth in this Agreement and may need to replace the Locks with a uniform automated lock system at the City's expense. G. The City Commission will consider an appropriation to fund the Grant, which appropriation is a material inducement to open the Easement Area prior to fulfillment of all preconditions in the DRB Order. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner hereby agree that the foregoing recitals are true and correct and further agree as follows: 1. Grant of Easements. Commencing on the Effective Date (as defined in paragraph 3), and pursuant to Owner's rights, title and interest in the Easement Area, as described in the Recitals, the Owner hereby grants to the City, for the use of the City, its agents, employees, contractors, representatives and licensees and the members of the general public (collectively, the "Easement Beneficiaries"), a permanent, non-exclusive easement through the Easement Area, subject to the terms. conditions, reservations and restrictions set forth below. The Easement Area is improved with the Southgate Baywalk Improvements, a segment of a publicly accessible baywalk planned by the City to extend from r Street to Lincoln Road (the "Raywalk"). The Easement Beneficiaries shall have access to the Easement Area solely from the portions of the Baywalk located directly north and south of, and contiguous to, the Easement Area, specifically including access to the public right-of-ways located directly north of, and contiguous to, the Easement Area. In no event shall the Easement Beneficiaries, by virtue of this Agreement, have access to the Easement Area by, though, across, under or over any portion of the Property; it being agreed that the sole points of access to the Easement Area are the locations Acted in the immediately preceding sentence. 2. Easement Area. The "Easement Area" shall refer to a meandering strip of land that is approximately ten (10') feet in width improved with the Southgate Baywalk Improvements within the portion of the Property located westward of the Fence, as described and depicted in Exhibit B attached hereto, that runs immediately along and parallel to the entire Westernmost boundary of the Property, including the seawall cap, except within the area located approximately between 250.21 feet and 401.37 feet south of the north property line (the "Platform Area"), where the Southgate Baywalk Improvements shift west and along the northern, western, boundaries of the portion of the Owner's private improvements, comprised of a deck platform projecting west from the western property line into sovereign submerged land. The Easement Area comprises the property east of the existing seawall along the rear of the Property but west of the Fence. Page 2 of 16 2802 of 3458 EXHIBIT B 3. Effective Date. The easements granted herein shall become effective upon the following conditions being met ("Preconditions"): (i) receipt by the Owner of the Grant; (ii) the Owner's completion of the Additional Improvements or ninety (90) days from the Owner's receipt of the Grant funds, whichever is first to occur; (iii) the City's completion of construction of the Baywalk segment located at the street end of 101h Street and cohtigaous to the Southgate Baywalk Improvements; and (iv) the issuance of a written resolution memorializing the 2024 DRB Order (the "Effective Date"). Upon the City's request, Owner agrees to execute a "Notice of Commencement Date of Easement", to be recorded in the Public Records at Owner's expense. 4. Use of the Easement Area. The easements granted hereunder shall be for the sole purposes of (i) providing the Easement Beneficiaries with a non-exclusive way of passage through the Easement Area solely for the Permitted Public Uses described in paragraph 4.a. below, and (it) allowing ingress and egress for police, maintenance/sanitation personnel and/or emergency personnel of the City for the purposes described in (and the City's performance of its obligations under) this Agreement, in each case subject to the terms, conditions and restrictions set forth herein. a. Permitted Public Uses. Owner and the City acknowledge and agree that the permitted uses of the Easement Area by the Easement Beneficiaries during Operating Hours are as follows: jogging, walking, hiking along the bay, biking (non -motorized vehicles) and fishing; periodic and reasonable respites by the Easement Beneficiaries using the Baywalk to enjoy the view or to rest, subject to changes in the Baywalk Rules and Regulations (as defined in paragraph 6.c) and applicable Laws ("Permitted Public Uses"). b. Prohibited Public Usas. Owner and the City acknowledge and agree that the following uses of the Easement Area are expressly prohibited: Easement Beneficiaries loitering and consuming alcohol on the Easement Area; Easement Beneficiaries using the Easement Area for destination activities including, but not limited to, picnicking and ramping; Easement Beneficiaries and Owner's residents using chairs, tents, or other temporary or permanent furniture during the Operating Fours, as defined in paragraph 4.c. below; dogs not on leashes; operation of motorized vehicles, skateboards, and scooters (except by policing authorities, maintenance/sanitation personnel and/or emergency personnel as contemplated hereunder), subject to changes in the Baywalk Rules and Regulations (as defined in paragraph 6.c) and applicable Laws. It is understood and agreed by the parties that use of the Easement Area by the Easement Beneficiaries is limited to the Permitted Public Uses expressly stated in this Agreement and that no other use by members of the general public shall be implied or construed, irrespective of whether or not such use is expressly prohibited by the terms hereof. C. Ooeratino Hours. The Easement Area shall be open to the general public every day from sunrise to sunset ("Ooeratine Hoare"). Owner has installed an operable fence, gate or other operable barrier (the "Barrier") on the utmost northern and southern ends of the Easement Area to restrict Easement Beneficiaries access to the Baywalk outside of Operating Hours and for as long as necessary during emergency, maintenance or repair activities that would render usage of the Baywalk a safety risk. The Barrier shall be operated to ensure public access during Operating Hours. The Owner may replace, alter, remove, or improve the Barrier subject to the review and approval of the City staff, which approval shall not be unreasonably withheld or denied, so long as the new Barrier is consistent with the types of Barriers approved by the City to be installed at the other sections of the Baywalk. The City shall pay all expenses associated with the fabrication and installation of automated locks to replace the Locks and thereafter Owner, at its sole cost, shall maintain the Barrier in good and working condition. Page 3 of 16 2803 of 3458 EXHIBIT B Access by the Easement Beneficiaries to the Baywalk, shall only be restricted between sunset and sunrise, and as determined by the City Manager, in the event of an emergency, dangerous condition or other circumstance, including but not limited to, for maintenance and/or repair activities described in paragraph 5, that would render usage of the Baywalk a safety risk. Subject to the above, to the extent that a Barrier is maintained at either the north and south ends of the Southgate Baywalk Improvements, or both, Owner shall neither open the gates later than sunrise, nor close the Barrier before sunset, seven days a week. Temporary closures of the Easement Area during Operating Hours for the purpose of maintenance and repair; or closures of the Easement Area during Operating Hours when there is a Force Majeure Event (as defined in paragraph 13 below); or temporary closures of the Easement Area during Operating Hours pursuant to paragraphs 6.a. or 6.c. of this Agreement, shall not be deemed a breach of this Agreement by Owner. Owner shall provide the City with reasonable advance notice of any scheduled maintenance and repair that will result in a temporary closure of the Easement Area during Operating Hours and shall reopen the Easement Area immediately following the conclusion of any such maintenance or repair. Owner shall also provide the City with notice of any closure of the Easement Area during Operating Hours due to a Force Majeure Event as soon as reasonably practicable under the circumstances. Any violation of this condition shall be subject to a notice of violation and enforcement by the City's Special Master or any alternative remedy available to the City. Upon completion of a continuous publicly accessible Baywalk from S° Street to 10' Street, the City Commission may adopt uniform rules and regulations concerning hours of operation of the Baywalk, affecting the use of that portion of the Baywalk within the Easement Area identified herein, including but not limited to operating hours set forth in this paragraph ("Baywalk Rules and Regulations"). The installation of new fences or other barriers, which permanently block Easement Beneficiary access to the Baywalk shall be prohibited. The foregoing prohibition shall not prohibit the Owner operating, maintaining, repairing, or replacing the Additional Improvements and/or the Fence. provided that the use of the Baywalk is not interrupted. 5. Maintenance of Easement Area' Imnrovements. Except as otherwise expressly provided herein, Owner shall, at its sole coat and expense, maintain, repair and replace, in whole or in part, the Easement Area, including any Southgate Baywalk Improvements and the Fence east of the existing seawall, including the access gates and abutting seawall in accordance with all applicable laws, codes, rules, orders, approvals and regulations of Miami - Dade County, the City of Miami Beach and any other governmental or quasi -governmental agency or authority (the "Laws") with jurisdiction over the Easement Area, and shall keep the Easement Area in good and working condition, reasonable wear and tear excepted. Notwithstanding the foregoing, the City shall be responsible for the maintenance and repair of the Easement Area necessitated by or required as a result of the negligence or willful misconduct of the City, its agents, employees, contractors, or vendors, operators, representatives and licensees (excluding the general public), in its or, their use of the Easement Area pursuant to the terms of this Agreement, or exercise of rights or performance of obligations hereunder. Owner shall establish reserves and procure insurance to accomplish the obligation of maintenance, repair and replacement as delineated herein. Insurance provisions are delineated in paragraph 15. Except for the Additional Improvements, Owner shall not make any new improvements to the Easement Area without the prior written consent of the City Manager, which consent shall not to be unreasonably withheld or delayed Any temporary closures of the Easement Area necessitated by Owner's repair obligations under this Agreement shall be coordinated with the City in advance and shall only be maintained to the extent necessary, and for as long as necessary, to ensure public safety. In the event that the Page 4 of 16 2804 of 3458 EXHIBIT B City Manager determines that an emergency maintenance, repair or replacement is needed to the Easement Area, and following notice to Owner and Owner failing to diligently pursue the emergency maintenance, repair or replacement within five (5) working days and thereafter diligently pursues to completion of the emergency work within a reasonable period of time as the City Manager determines would be necessary to address a safety risk, not to exceed thirty (30) days, the City shall have the right, but not the obligation, to perform the maintenance, repair or replacement work within the Easement Area and the Owner shall reimburse the City within ten (10) days from receipt of the invoice. The City's right to self-help shall not be exercised so long as the Owner continues to diligently pursue the maintenance, repair, or replacement and completes the emergency work within a period of thirty (30) days. a. Police. The City shall police the Easement Area in a manner consistent with other sections of the Baywalk owned by the City, or on which the City has obtained rights of access through easement, covenant or otherwise, and which are open to the general public (hereinafter referred to as "eublicly accessible bavwalks in the City"). Owner agrees to submit legitimate complaints about any alleged noncompliance by the City with this requirement to the City Manager, in writing, for his/her review and appropriate action. If the parties are still unable to resolve disputes regarding the policing of the Easement Area, the parties agree that an independent mutually agreed upon neutral arbitrator will resolve such disputes under American Arbitration Association rules, as is provided in paragraph 10 of this Agreement. If the independent arbitrator concludes that the City has breached its duty to police the Easement Area, Owner shall be temporarily relieved of the obligation to provide public access to the Easement Area until the City's failure to police is remedied to the satisfaction of the arbitrator. The City's adoption of, and reasonable good faith efforts to, enforce security measures consistent with those used in or on other sections of the publicly accessible baywalk in the City shall be accepted as satisfaction of the City's obligations under this paragraph 6.a. Any noncompliance by Owner and/or its officers, employees, contractors, residents or authorized guests with any rules, regulations, ordinances or statutes applicable to the Baywalk within the Easement Area shall not be a basis for any legitimate complaint about alleged City noncompliance with, or for temporary closure of the Easement Area pursuant to this paragraph 6.a. b. Sanitation. The City will, at its expense, provide removal of rubbish from the Easement Area on a twice weekly basis not including fecal matter and vegetative debris that are the responsibility of adjacent property owner as applicable under the City Code. Owner will be responsible for cleaning the Easement Area after any private events that occur during non - Operating Hours. C. Rules and Regulations. Following completion of a continuous publicly accessible Baywalk from 5� Street to Lincoln Road, the City Commission may adopt uniform Baywalk Rules and Regulations concerning the hours of operation, the opening and closing of gates and the permitted uses of the Baywalk (including the Baywalk within the Easement Area. In the event of any conflict between such Baywalk Rules and Regulations and applicable Laws, and the provisions of this Agreement, the Baywalk Rules and Regulations and applicable Laws shall take precedence. d. FDEP licensure. The Platform Area is subject to that certain Sovereign Submerged Lands Lease recorded in Official Records Book 33402 at Page 2762 of the Public Records of Miami -Dade County, Florida, as may be modified or extended from time to time (the Page 5 of 16 2805 of 3458 EXHIBIT B "Submerged Lands Lease"). To the extent that the easements described herein are deemed a change to the approved use of the leased premises or of the riparian uplands, Owner shall file the required application, and the City shall cooperate and support the Owner's application to modify the Submerged Lands Lease as needed in Owner's reasonable discretion, including execution of document- deemed necessary by the Owner to obtain approval and payment of any application fees which may be required by the governmental agency with jurisdiction. The Owner shall use commercially reasonable efforts to obtain any necessary modification of the Submerged Lands Lease; however, the City acknowledges that such modification is ultimately subject to approval by the governmental agency with jurisdiction. To the extent an amendment to the Submerged Land Lease is either (a) unacceptable to such governmental agency or (b) acceptable to the governmental agency but conflicts with UM terms of this Agreement, this Agreement shall be deemed amended to conform with the ernended Submerged Lands Lease automatically, without further action, upon the execution of vetch amendment to the Submerged Lands Lease. Any application, either current or future, for the reconstruction, construction, alteration, renovation, or expansion of any water dependent structure west of the seawall of the Property and/or the Platform Area, including, but not limited to docks, piers, platforms, davits and mooring piles, shall also include a public Baywalk to ensure the continuance of the Baywalk within the Easement Areas (the "Modified Baywalk Improvements"), which Modified Baywalk Improvements shall run the entire length along and parallel to the entire Westernmost boundary of the Property, including the seawall cap, except within the Platform Area or any area where the Owner is authorized to construct a seawall and other improvements, where the Modified Baywalk Improvements will shift west and along the northern, western, boundaries of the portion of the Owner's improvements projecting west from the western property line into sovereign submerged land. The dimensions, material, access points, and design of such Modified Baywalk Improvements, shall be subject to the prior review and written approval of the City Manager. To build the approved Modified Baywalk Improvements within the Easement Area, and towards the existing dock area and waters under the jurisdiction of FDEP, Owner agrees to execute any necessary applications or authorizations with the Florida Department of Environmental Protection, Division of State Lands, and with any other applicable state, county, or local administrative agencies to modify any Ilcensure to include the Baywalk, as an authorized extension, or authorized amendment, to the Submerged Lands Lease. Each party shall make a good faith effort to obtain all required permits, which shall include a joint application to the FDEP for any approved Modified Baywalk Improvements. 7. Slanalle. Owner shall post signs at all access points to the Easement Area that display the Operating Hours and summarize the use restrictions described in this Agreement as contemplated in this Agreemerd. 8. Reservation. Owner hereby reserves those rights of ownership it has in and to the Easement Area which are not inconsistent with the easements and rights granted herein, including, without limitation, the right to grant further easements on, over and/or across such area, and all other uses not interfering with the uses permitted herein. 9. City's Liability. The City, shall be liable and responsible, to the extent permitted by law, for any costs, liabilities, claims or damages, including, without limitation, reasonable attorneys' fees and disbursements at the Initial level and all levels of appeal, relating to death of or injury to persons, or loss of or damage to property, incurred by Owner, and resulting from, arising out of, or incurred in connection with, use of the Esement Area by the Easement Beneficiaries in connection with the easements herein granted. In such event, the City shall be Page 6 of 16 2806 of 3458 EXHIBIT B entitled to select counsel of the City's choice, which may include in-house Assistant City Attorneys. Notwithstanding anything contained herein to the contrary, the City shall not be obligated or liable to Owner or any third parties for any costs, liabilities, expenses, losses, claims or damages, including, without limitation, reasonable attorneys' fees or disbursements at the trial level or appellate levels, in respect of th;:d party claims relating to death of or injury to persons, or losss of, or damage to, property, and resulting from, arising out of or incurred in connection with use of the Easement Area, for amounts in excess of those limitations on the statutory wwaiver of sovereign immunity provided under Florida Statutes Section 768.28 (or any successor statute thereto), or in respect of claims liability arising from the negligence or willful acts of the Owner, its officers, invitees, lessees, employees, agents, licensees or contractors, or claims or liability arising from activities that occur from sunset to sunrise (while the Baywalk within the Easement Area is closed to the public in accordance with paragraph 4.c. above). Nothing contained in this paragraph 9 or elsewhere in this Agreement is in any way intended to be a waiver of the limitations on the City's liability to third parties as set forth in Section 768.28, Florida Statutes; and further, the limitations under said statutory provision shall not apply to the City's contractual obligations to provide a defense, as set forth in this paragraph 9. 10. Enforcement. Except for the City's self-help rights with respect to Owner's maintenance obligations, as set forth in paragraph 5, no action to enforce this Agreement through arbitration or through filing suit shall be pursued by any party to this Agreement absent prior written notice of the alleged breach, providing an opportunity to cure, which shall be no less than 60 days in length. If the alleged breach is not cured to the satisfaction of the complaining party within such sixty (60) day period, the parties shall attempt in good faith to mediate the dispute. As to paragraphs 6.a. and 6.c. of this Agreement, when and if mediation fails, the sole remedy for such a dispute shall be binding arbitration. The dispute shall be administered in accordance with the then -current Commercial Arbitration Rules of the American Arbitration Association ("6M") and Florida substantive law shall apply. The parties shall attempt to designate one neutral arbitrator from the AAA or elsewhere. If they are unable to do so within 30 days after written demand therefor, then the AAA shall designate a neutral arbitrator. No arbitration hearing may proceed without a representative of all parties present. In the event the AAA's expedited procedures are used, notice by telephone must be supplemented immediately by facsimile or electronic mail. No dispute shall be resolved on documents alone except by agreement between the parties. The arbitration shall be final and binding, and enforceable in a Court with jurisdiction in Miami -Dade County, Florida. The arbitrator shall provide a written explanation of the basis of any award. The arbitrator shall award reasonable attorneys' fees (including but not limited to those of in- house counsel, or outside special counsel to the City) and costs to the substantially prevailing party and charge the cost of arbitration to the party which is not the substantially prevailing party. For all other provisions of this Agreement, when and if mediation fails, enforcement shall be with a Court of competent jurisdiction in and for Miami -Dade County, seeking enforcement in equity or for damages, unless City and Owner agree in writing to utilize arbitration. 11. Successors and Assicns. This Agreement shall inure to the benefit of and be binding upon Owner, and its successors and assigns, except that Owner or such successor or assignee, as the case may be, shall be released from all future obligations hereunder upon conveyance of its interest in the Property; provided, however, that any such transferee of Owner or its successor or assignee, as the case may be, shall be bound by all terms and conditions of this Agreement. The easements hereby granted, and the requirements herein contained are intended as, and shall be, covenants running with the land with respect to and binding on the Property. This Agreement shall inure to the benefit of and be binding upon Page 7 of 16 2807 of 3458 EXHIBIT B the City, and the City shall not be permitted to assign, transfer or convey all or any part of its rights and interests under this Agreement (including its rights and interests in and to the easements granted hereunder), except to a successor municipal corporation; provided, however, that nothing herein shall be deemed a limitation on the Gilds right to permit the Easement Beneficiaries to use :he Easement Area, subject to and in accordance with the terms of this Agreement. 12. Amendments Termination. This Agreement may not be amended, modified or terminated except by written agreement of the City and all of the then fee owner(s) of the Property, and the holders of any mortgages of record encumbering same, provided that with respect to any portion of the Easement Area for which a condominium, property owners or master association then exists, the written agreement of suck association (and its mortgagee, if any) shall be required in lieu of the fee owner(s) thereof and their mortgagees. No modification or amendment of this .Agreement shall be effective unless in writing and recorded in the Public Records of Miami -Dade County, Florida. 13. Force Maieure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, epidemic, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, riot, civil commotion, fire or other casuetty, and other causes beyond the reasonable control of the party obligated to perform (each such event is referred to herein as a "Force Maieure Event"), excluding the financial inability of such party to perform, shall excuse the performance by such party for a period of time equal to any such period of prevention, delay or stoppage. Any party seeking to invoke this paragraph shall provide written notice to the other party as soon as reasonably practicable under the circumstances. 14, No Warrantee; As -Is. The Owner is not making and has not made any representations or warranties, express or implied, as to the Easement Area, including but not limited to, title (other than Owner's rights. title and interest described in the Recitals), survey, physical condition, suitability or fitness for any particular purpose, value, or condition, or the presence or absence of hazardous substances. The City acknowledges that it has relied solely on its own inspections and investigations of the Easement Area in its determination of whether to accept this Easement. As a material part of the consideration of this Easement, the City agrees to accept the Easement Area in its "As Is" and "Where Is" condition, without any representations or warranties. 15, Miscellaneous. a. Closures. No breach of the terms set forth in this Agreement shall result in the closure or reverter of the public access to the Easement Area provided for herein, except for temporary closure as provided in paragraphs 6.a. and 6.c. above. b. Counterparts. This Agreement may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which shall be deemed an original, but all of which (when taken together) shall constitute one and the same instrument. C. Construction. Reference to any paragraph, section, exhibit, or subpart thereof, unless otherwise provided, shall refer to this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. Use of the term "including" shall mean "including, without limitation". Each of the parties hereto and their counsel have reviewed and revised, or requested revisions to, this Agreement, and the Page 8 of 16 2808 of 3458 EXHIBIT B usual rule of construction that any ambiguities are to be resolved against the drafting party shall be inapplicable in the construction and interpretation of this Agreement and any amendments or exhibits to this Agreement. d. Titles of Paraoraohs and Seclicns. The titles of the several parts, paragraphs and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. Estoppel Certificates. Upon the prior written request of either party, the other party hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory to the requesting party. f. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: City Manager With a copy to: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: City Attorney Tel: 305-673-7000 Fax: 305-673-7002 R icardoDopico(a)m iam i beachfi. aov If to the Owner Southgate Manager Southgate Towers LLLP 910 West Avenue Miami Beach, FL 33139 With a copy to: Dan Hooks, Esq. Apartment Income REIT Corp (AIR Communities) 4582 S ULSTER ST SUITE 1700 DENVER, CO 80237 daniel. hooks(o)aircommunities.com 303-757-8101 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing (certified or registered mail) shall be deemed given on the date of delivery. The parties may modify the above referenced addresses upon written notice to the other parry. Page 9 of 16 2809 of 3458 EXHIBIT B g. Governina Laws. The laws of the State of Florida shall govern the interpretation, validity, performance and enforcement of this Agreement. Venue for any action brought hereunder shall be proper exclusively in Miami -Dade County, Florida. h. Exh b . All of the Exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. k k: Owner's Insurance. Owner shall provide to City certificates of insurance evidencing that Owner has acquired the following insurance coverages for the Property and the Easement Area. Owner shall at all times maintain at its sole cost the following insurance: (1) All risks property insurance, containing a waiver of subrogation rights which City's insurers may have against Owner and against those for whom Owner is in law responsible including, without limitation, its directors, officers, agents, and employees, and (except with respect to Owner's chattels) incorporating a standard Florida mortgagee endorsement (without contribution). Such insurance shall insure the property contained within the Easement Area in an amount not less than the full replacement cost thereof (new), with such cost to be adjusted no less than annually. Such policy shall incluce the City as an additional insured. (2) Comprehensive general liability insurance. Such policy shall contain inclusive limits per occurrence of not less than $2,000,000; provide for severability of interests; and include as additional insured the City and its affiliates. (3) any other form of insurance which the City, acting reasonably, requires from time to time in form, in amounts, and for risks against which a prudent owner would insurance, but in any event not less than that carried by owners of comparable properties or businesses in Miami -Dade County, Florida.(4) All policies referred to above shall: (i) be taken out with insurers licensed to do business in Florida; (iii) be noncontributing with, and shall apply only as primary and not as excess to any other insurance available to City; (iv) contain an undertaking by the insurers to notify City by certified mail not less than thirty (30) calendar days prior to any material change, cancellation or termination, and (v) with respect to paragraph (a)(1), contain replacement cost, demolition cost, and increased cost of construction endorsements. Certificates of insurance, if required by the City, copies of such insurance policies certified by an authorized officer of Owner's insurer as being complete and current, shall be delivered to the City promptly upon request. If Owner fails to take out or to keep in force any insurance referred to in this paragraph, and Owner does not commence and continue to diligently cure such default within two (2) business days and secure the required insurance within fifteen (15) business days after written notice by the City to Owner specifying the nature of such default, then the City has the right, without assuming any obligation in connection therewith, to 10 2810 of 3458 EXHIBIT B effect such insurance at the sole cost of Owner and all outlays by City shall be paid by Owner to City without prejudice to any other rights or remedies of the City under this Agreement. Owner shall not keep or use on the Premises any article which may be prohibited by any fire or casualty insurance policy in force from time to time covering the Property and the Easement Area. (5) In addition, any contractor performing work within or around the Easement Area shall maintain at all times during the course of the work hereunder) workers' compensation insurance to cover full liability under workers' compensation laws of the State of Florida with employers' liability coverage; comprehensive general liability insurance for the hazards of operations, independent contractors, products and completed operations (for two (2) years after the date of acceptance of the work); and contractual liability specifically covering the indemnification provision in the construction contract, such comprehensive general liability to include broad form property damage and afford coverage for explosion, collapse and underground hazards, and "personal injury" liability insurance and an endorsement providing that the insurance afforded under the contractor's policy is primary insurance as respects City and Owner and that any other insurance maintained by City or Owner is excess and non-contributing with the insurance required hereunder, provided that such insurance may be written through primary or umbrella insurance policies with a minimum policy limit of $2,000,000.00. City and Owner are to be included as an additional insured for insurance coverages required of the general contractor. [The remainder of this page is intentionally left blank.] 2811 of 3458 EXHIBIT B IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Signature Print Name Address Signature Print Name Address STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) SOUTHGATE TOWERS, LLC, a Delaware limited liability company Title: Address: The forgoing instrument was acknowledged before me by means of _ physical presence or online notarization this day of 20_, by , as Authorized Signatory of SOUTHGATE TOWERS, LLC, a Delaware limited liability company, on behalf of said corporation, who is personally known to me or produced as identification. My Commission Expires: 1'_ Print Name: Notary Public. State of Florida [NOTARIAL SEAL] 2812 of 3458 EXHIBIT B IN WITNESS WHEREOF, the Grantee herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Signature Print Name Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Signature Print Name Address: 1700 Convention Center Drive, Miami Beach, FL 33139 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida By: Name: Eric T. Carpenter Title: City Manager Address: 1700 Convention Center Dr. Miami Beach, Florida 33139 ATTEST: Signature Rafael E. Granado, City Clerk Address: 1700 Convention Center Dr. Miami Beach, Florida 33139 The forgoing instrument was acknowledged before me by means of _ physical presence or online notarization this _ day of , 2025, by Eric T. Carpenter, as City Manager, and Rafael E. Granado, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of said municipal corporation, who is personally known to me or produced as identification. My Commission Expires: 13 Print Name: Notary Public. State of Florida [NOTARIAL SEAL] 2813 of 3458 EXHIBIT A Lots 8, g. 10, 11, 12, 13, 14, and 15, of Block 3, of Fleetwood Subdivision Amended, according to the Plat thereof, recorded in Plat Book 28, at Page 34, of the Public Records of Miami -Dade County, Florida. 2814 of 3458 1: 1111 fil l EXHIBIT B LOCATION OF EASEMENT AREA EXHIBIT B-1 Sketch of Easement Area 10'BAVWALK ACCESS EASEMENT 2815 of 3458 EXHIBIT B EXHIBIT B-2 LEGAL DESCRIPTION OF EASEMENT AREA A PORTION OF LOTS 11, 12, 13, 14, 16, 17 & 18, BLOCK 1, AMENDED PLAT FLEETWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A PORTION OF BISCAYNE BAY LYING WESTERLY OF SAID BLOCK 1, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11; THENCE SOUTH 88°03'29" WEST ALONG THE WESTERLY EXTENSION OFTHE SOUTH BOUNDARY OF SAID LOT 11, A DISTANCE OF 4.00 FEET; THENCE NORTH 04"34'30" W EST ALONG A LINE LYING 10FEET WEST OF AND PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO A WEST FACE OF AN EXISTING CONCRETE RETAINING WALL, A DISTANCE OF 243.41 FEET; THENCE SOUTH 85°20'06" WEST ALONG A LINE LYING 10 FEET SOUTH OF ANDPARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, A SOUTH FACE OF SAID RETAINING WALL, A DISTANCE OF 24.52 FEET; THENCE NORTH 04"39'38" WEST ALONG A LINE LYING 10 FEET WEST OF AND PARALLEL WITH, WHEN MEASURED ATRIGHT ANGLES TO A WEST FACE OF SAID RETAINING WALL, A DISTANCE OF 151.16 FEET; THENCE NORTH 84"58'54" EASTALONG A LINE LYING 10 FEET NORTH OF AND PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, A NORTH FACE OF SAID RETAINING WALL, A DISTANCE OF 24.64 FEET; THENCE NORTH 04"01'23" WEST ALONG A LINE LYING 10 FEET WEST OFAND PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES TO, A WEST FACE OF SAID RETAINING WALL, A DISTANCE OF 250.21 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH BOUNDARY OF SAID BLOCK 1; THENCE NORTH 88"00'35" EASTALONG SAID WESTERLY EXTENSION OF SAID NORTH BOUNDARY, A DISTANCE OF 3.42 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID LOT 18; THENCE NORTH 88°00'35" EAST ALONGSAID NORTH BOUNDARY, A DISTANCE OF 6.59 FEET; THENCE SOUTH D4"01'23" EAST ALONG A WEST FACE OF SAID RETAININGWALL, A DISTANCE OF 259.68 FEET; THENCE SOUTH 84"58'54" WEST ALONG A NORTH FACE OF SAID RETAINING WALL, ADISTANCE OF 24.53 FEET; THENCE SOUTH 04°39'38" EAST ALONG A WEST FACE OF SAID RETAINING WALL, A DISTANCE OF131.22 FEET; THENCE NORTH 85`20'06" EAST ALONG SAID SOUTH FACE OF SAID RETAINING WALL, A DISTANCE OF 24.54 FEET;THENCE SOUTH 04°34'30" EAST, ALONG A WEST FACE OF SAID RETAINING WALL, A DISTANCE OF 253.89 FEET TO A POINT ONSAID SOUTH BOUNDARY OF SAID LOT 11; THENCE SOUTH 88"03'29" WEST ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 6.01FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA. CONTAINING 6,939 SQUARE FEET OR (0.159 ACRES MORE OR LESS). 2816 of 3458