94-21418 RESO
RESOLUTION NO.
94-21418
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND KENT HARRISON ROBBINS (OWNER) FOR
THE PRESERVATION OF A CORAL ROCK HOUSE LOCATED
AT 222 77TH STREET.
WHEREAS, it is the desire of the Mayor and City commission to
provide for the preservation of the Coral Rock House; and
WHEREAS, the City's Historic Preservation Board and Planning
Board have recommended that the House be designated as a Historic
Site; and
WHEREAS, a public hearing has been scheduled for December 21,
1994 to consider an amendment to zoning Ordinance No. 89-2665
designating the site at 7644 Collins Avenue and 222 77th Street as
a Local Historic Preservation site.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk
are hereby authorized to execute the Agreement between the City of
Miami Beach and the Kent Harrison Robbins for preservation of a
Coral Rock House located at 222 77th Street.
PASSED and ADOPTED this
day of
ATTEST:
~vl~ L %rv~
city Clerk
kIn!
~w4~
DIll /.2 / d- / 97'-
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. Carlton II"./It.:. .
City Manager ~
DATE: D~cembe 7,
~urence Feingol ~~
Clty Attorney U'
1~~
TO:
SUBJECT:
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KENT
HARRISON ROBBINS FOR PRESERVATION OF A CORAL ROCK HOUSE
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission
adopt the attached Resolution authorizing the Mayor and City
Clerk to execute the attached Agreement between the City and Kent
Harrison Robbins for the preservation of a coral rock house.
BACKGROUND:
A public hearing previously scheduled for December 7, 1994 to amend
Zoning Ordinance 89-2665 to designate the Coral Rock Homes site at
7644 Collins Avenue and 222 77th street as a local Historic
Preservation Site, was rescheduled for December 21, 1994, so that
a preservation agreement could be worked out between the City and
the owner of the Coral Rock House. The owner has already demolished
the structure located at 7644 Collins and currently holds a
demolition permit for the remaining structure at 222 77th Street.
ANALYSIS:
This Agreement provides for the relocation and preservation of the
Coral Rock House located at 222 77th Street as follows:
o The House shall be relocated to the vacant lot immediately to
the east of 1365 Marseilles Drive.
o Relocation of the House shall be at the Owner's expense and
the methods to be used for all phases of preparation and
relocation shall be subj ect to the approval of the City's
Building Official.
o The physical preparation process for relocation shall begin
within 45 days of the date of this Agreement and shall be
completed within 60 days.
70
AGENDA ITEM R -(- A
DATE~
commission Memorandum - December 7, ~994
Preservation Agreement - Coral Rock House
Page 2
o Relocation must be completed within 90 days of completion of
the physical preparation process.
o In addition to the cost for relocation, the Owner will expend
a minimum of $75,000 for the construction, repair, renovation,
landscaping and foundation of the House. These expenditures
will not be included in the calculation under the "50% Rule"
of the South Florida Building Code.
o The House shall. be rendered habitable within 18 months
following completion of relocation and shall be secured during
this time in accordance wi th a plan approved by the ci ty
Manager.
o The Owner or successors may make additions to the House but
shall not make additions or substantially alter the Eastern
facade of the House as currently situated on the Collins
Ave~ue site. This facade will placed North at the Marseilles
Drive site.
o The December 21, 1994 historic designation hearing shall be
continued. However, the City shall not designate the House or
the site to which it is relocated as historic.
CONCLUSION:
The ci ty Commission should approve the attached agreement to
accommodate the relocation and preservation of the Coral Rock
House.
KM:km
71
AGREEMENT BETWEEN CITY OF MIAMI BEACH
AND KENT HARRISON ROBBINS FOR
PRESERVATION OF A CORAL ROCK HOUSE
This Agreement is entered into this ~ day of~~\e~
, 1 994 by and
between Kent Harrison Robbins, "Owner", and the City of Miami Beach, "City".
WHEREAS, the Owner is the fee simple owner of the real property, "Property", legally
described as:
Lots 1 and 2 in the Block 23 of ALTOS DEL MAR NO. 1
according to the Plat thereof as recorded in Plat book 31 at
page 40 of the Public Records of Dade County, Florida:
which may also be described as:
Lots 1 and 2 in Block 23 of Altos Del Mar No.1 according
to the Plat thereof as recorded in Plat Book 4, at page 1 57
of the Public Records of Dade County, Florida (A/K/A 7644
Collins Avenue and 222 77th Street)
and
WHEREAS, an oolitic limestone building, sometimes referred to as a coral rock house,
"House" is located on the Property; and
WHEREAS, on April 7, 1994 the City's Historic Preservation Board recommended that
the Property be designated as a historic site, and on September 27, 1994 the City's
Planning Board voted in favor of recommending the proposed designation; and
WHEREAS, pursuant to the procedures set forth in Section 19 of City of Miami Beach
Zoning Ordinance No. 89-2665, as amended, the City Commission adopted Resolution
No. 94-21368 calling a public hearing to consider the proposed designation to be held
on December 7, 1 994; and
WHEREAS, Robbins and the City agreed to continue the public hearing until December
21, 1994; and
WHEREAS, the Owner does not wish to have the Property designated a historic site;
and
WHEREAS, the Owner has a permit granted by the City which allows for the
demolition of the House; and
WHEREAS, the City wishes to see the House preserved.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other
good and valuable consideration, the receipt and adequacy of which are hereby
conclusively acknowledged, the Owner and City agree as follows:
1, OBLIGATIONS OF THE OWNER
The Owner shall relocate the House entirely at his own expense in accordance
with the following:
A, RELOCATION
(1) Prior to beginning the process of physical preparation at the House
for relocation, the Owner shall do the following:
(a) obtain the approval of the City's Building Official for the
methods to be used for all phases of preparation and
relocation; and
(b) present to the City a certificate of insurance indicating that
the company which will be doing the relocation has general
liability and automobile liability insurance, each in the
amount of $500,000.00 per occurrence. The insurer and
2
policy must be approved by the City's Risk Manager which
will not be unreasonably withheld.
(2) The Owner shall begin the physical process of preparing the House
for relocation within 45 days of the date of this Agreement.
(3) The preparation process shall be completed in 60 days.
(4) Within 90 days after completion of the physical process of
preparing the House for relocation in the approved manner, the
House shall be relocated to the vacant lot immediately to the east
of 1365 Marseilles Drive.
8, RECONSTRUCTION
(1) In addition to the cost of preparation and relocation of the House,
Robbins will expend a minimum of $75,000 for the construction,
repair, restoration, renovation, landscaping and foundation of the
House. Costs of preparation and relocation will not be included in
the calculation under the "50% Rule" of the South Florida Building
Code. Moreover, Robbins will not be required to spend the entire
$75,000 minimum, but only up to the amount that will cause the
"50% Rule" to be reached less $1.
(2) As part of the construction, Robbins or his successors in interest
may make additions to the House; provided, however, that
Robbins will not make additions or substantial changes to what is
now the Eastern facade of the House as it is situated at the Collins
3
Avenue site, which facade will be placed North at the Marseille
Drive site.
(3) Prior to commencing any construction work on the relocated
House, Robbins shall submit proposed schematics and all other
City required documents to the Planning Director for comment and
shall discuss substantial changes with staff. The relocation shall
not commence until the Planning Director reviews the site plan and
survey for lot split purposes and determines that the House can be
properly located on the vacant lot east of 1365 Marseilles Drive
pursuant to all applicable lot split and setback regulations of the
City; this review shall be completed within 10 days of submission
of site plan and survey.
(4) All windows unaffected by the additions shall be restored in
compliance with the Secretary of Interior Standards for
Rehabilitation of Historic Buildings (Revised 1983).
(5) The House shall be rendered habitable within 18 months after
completion of relocation and shall be secured during said period in
accordance with a plan approved by the City Manager.
(6) Robbins shall complete all requirements and obtain all necessary
inspections and permits as required by the property maintenance,
fire, building, zoning and other applicable codes in force in the
City. Nothing in this Agreement shall be construed to excuse
4
Robbins from the requirements of all applicable codes and
ordinances nor shall it prevent the City from enforcing these
requirements in any manner provided by ordinance, code or law
except for the "50% Rule". To the extent that the House would
have been "grandfathered" under the building, zoning and fire
codes of the Miami Beach and the South Florida Building code in
as it was built in 1934, these "grandfathering" rights apply at the
new location,
2. OBLIGATIONS OF THE CITY
The City shall do each of the following:
A, CONTINUANCE OF DESIGNATION HEARING
The City shall continue the designation hearing scheduled for December
21, 1994 until the first regular City Commission meeting in June of
1995. Notice of the June 1995 designation hearing shall be issued at
least 30 days prior to the hearing. Should Robbins require additional time
to complete the relocation or any stage in the relocation process, he may
appear before the City Commission to request additional delays in the
designation process and/or in the extension of the time periods
designated in this Agreement, which delays and/or extensions shall be
granted for good cause.
B, ISSUANCE OF RELOCATION PERMIT
A building permit for the relocation of the House shall be issued promptly
5
to Robbins, based upon the relocation permit application which Robbins
submitted previously to the Building Department. This relocation process
described herein and this Agreement shall not prejudice Robbins' existing
demolition permits to demolish the House and structures and his vested
right to demolish the House and structures at 7644 Collins Avenue.
Upon the relocation and placement of the House at the Marseille Dr. site,
the demolition permits shall immediately expire.
C, COOPERATION IN MOVING PROCESS
The City shall fully cooperate in the moving process and Robbins shall
pay any costs for public works, police or other services on a prearranged
hourly basis,
D, THE HOUSE NOT TO BE DESIGNATED
Except as provided in paragraph 2A herein, the City shall not designate
the House or the site to which it is relocated as historic. This does not
preclude Kent Harrison Robbins or successors from applying for historic
designation of the House at the new location.
3, EXTENSION OF DESIGNATION PROCESS AND DEMOLITION PERMITS
The expiration of the pending historic designation process before the Miami
Beach City Commission and the afore-referenced demolition permits shall both
be extended for the following periods:
A, During the course of the approved relocation process and
B, Until 90 days following the completion of the above relocation
6
process or 90 days from the notice by certified mail of an alleged
breach of this Agreement, whichever occurs first and
C, Throughout and including the December 21, 1994 designation
hearing and any continued hearing granted by the City Commission
pursuant to Paragraph 2A above.
4, NOTICES
All notices and communications in writing required or permitted in this
Agreement shall be mailed by Certified Mail with proof of receipt. Until
changed by notice in writing, all such notices and communications shall be
addressed as follows:
To the City:
Office of the City Manager
1 700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7010
To the Owner:
Kent Harrison Robbins, Esquire
1224 Washington Avenue
Miami Beach, Florida 331 39
(305)
5, BREACH
The Owner and City agree that time is of the essence. Should either party fail
to cure a breach after 5 days written notice, the noticing party may initiate
litigation to compel specific performance and any other remedies allowed by
law. The prevailing party in any such cause of action shall be entitled to
receive costs and reasonable attorney's fees including those incurred
throughout all litigation and appeals. Notice of any breach shall be provided as
7
set forth in Paragraph 4 herein.
6, ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the
Owner and the City, and there are no other agreements and understanding, oral
or written with reference to the subject matter hereof that are not merged
herein and superseded hereby, This Agreement is not intended to restrict or
affect the rights, remedies, privileges, and immunities of the parties and any
causes of actions that they may have now or may accrue in the future that
arise from any controversy concerning 7600-7644 Collins Avenue.
7, NO CHANGES TO AGREEMENT
No change in the terms of this Agreement shall be valid unless made in writing,
signed by both Owner and City and approval by the City Commission of the
Miami Beach.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida and the United States.
9, EXCLUSIVE LITIGATION VENUE
The exclusive venue for any litigation between the Owner and the City shall be
Dade County, Florida.
IN WITNESS WHEREOF, the City and Owner have caused this Agreement Between
City of Miami Beach and Kent Harrison Robbins for Preservation of a Coral Rock House
to be executed as of the date first entered above.
8
ATTEST:
B4k~]j~y~
CITY CLERK
FORM APPROVED
Legal Dept.
----
By j G)
Date ) 2. - 2. \--~ ~
9