HomeMy WebLinkAboutHistoric Preservation EasementHISTORIC PRESERVATION EASEMENT
THIS INSTRUMENT IS EXEMPT FROM DOCUMENTARY STAMP TAXES PURSUANT TO
CHAPTER 201.02(6), FLORIDA STATUTES.
THIS HISTORIC PRESERVATION EASEMENT, made this LQ_' day of -~e~ .~ 2006, by
and between the CITY OF MIAMI BEACH, a Florida municipal corporation having its principfil place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139, ("Grantor", and/or "City"),
and the FLORIDA TRUST FOR HISTORIC PRESERVATION, INC., a Florida not-for-profit
corporation, having its principal address at P. O. Box 11206, Tallahassee, FL 32302-3206 or 1114B
Thomasville Road, Tallahassee, FL 32303 ("Grantee").
WITNESSETH:
WHEREAS, the Grantor is owner in fee simple of certain real property located in the City of
Miami Beach, Florida, more particular described in Exhibit "A", attached hereto and incorporated herein
(hereinafter "the Property" ); said Property including the following building (hereinafter "the Building"):
The principal .structure is a masonry construction commercial-entertainment building built'in
1934-36 from a design in the Art Deco style by prominent Jacksonville architect and noted theater
designer Roy A. Benjamin with assistants John and Coultin Skinner; and
WHEREAS, the Grantee is a tax-exempt, non-profit corporation whose primary purposes include
the preservation and conservation of sites, buildings, and objects of national, state or local significance
and is a qualifying recipient of qualified conservation contributions under Section 170(h) of the Internal
Revenue Code of 1986, as amended, and the regulations thereunder (hereinafter, "the Code"); and
WHEREAS, the Grantee is authorized to accept preservation easements to protect property
significant in national, state, local and tribal history and culture under the provisions of Florida Statutes,
Section 704.06 (3), (hereinafter "the Act"); and
WHEREAS, because of its architectural, historic, and cultural significance, the Property was
listed in the National Register of Historic Places on May 14, 1979, as a contributing building in the
Miami Beach Architectural Historic District (79000667); and
WHEREAS, the Grantor and the Grantee recognize the architectural, historic, and cultural values
(hereinafter "preservation values") and significance of the Property and have the common purpose of
preserving the aforesaid preservation values and significance of the Property; and
WHEREAS, the Property's preservation values are documented in the Baseline Report of
Colony Theater dated ~x~ h. , 2006 (and as may be supplemented upon the completion of
restoration work), the original of which is maintained in the offices of the Grantee and which consists of a
set of reports, drawings, and .photographs (hereinafter "Baseline Documentation") incorporated herein by
this reference, which Baseline Documentation the parties agree provides an accurate representation of the
Property as of the effective date of this Easement; and
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WHEREAS, the grant of a preservation easement by the Grantor to the Grantee on the Property
will assist in preserving and maintaining the Property and its architectural, historic, and cultural features
for the benefit of the people of the City of Miami Beach, the State of Florida, and the United States of
America; and
WHEREAS, to that end, the Grantor desires to grant to the Grantee, and the Grantee desires to
accept, a preservation easement (hereinafter the "Easement") in gross for fifty (50) years on the Property,
pursuant to the Act.
NOW, THEREFORE, in consideration of the Save America's Treasures Grant received from
the National Park Service, and other good and valuable consideration, receipt of which is hereby
acknowledged, and pursuant to the requirements stipulated in Section 102(a)(5) of the National Historic
Preservation Act (16 USC 470 b) and Florida Statutes, Section 704.06(3), the Grantor does hereby
voluntarily grant and convey unto the Grantee a preservation easement for fifty (50) years over the
Property described in Exhibit A.
1. Purpose. It is the purpose of this Easement to ensure that the architectural, historic, and
cultural features of the Property will be retained and maintained for fifty (50) years, said fifty (50) year
term commencing on the last date of execution by the parties hereto, substantially in the condition the
Property will be in upon completion of current rehabilitation efforts for preservation purposes and to
prevent any use or change of the Property that will significantly impair or destroy the Property's
preservation values.
2.1. The Grantor's Covenants: Covenant to Maintain. The Grantor agrees at all times to
maintain and repair the Property in the same or better condition so as to preserve the historical integrity of
its features, materials, appearances, workmanship and environment. The Grantor's obligation to maintain
shall require replacement, repair, and restoration by the Grantor, whenever necessary to preserve the
Building in substantially, the same or better condition and state of repair as that existing on the date of this
easement. Subject to the casualty provisions herein, this obligation to maintain shall require replacement,
rebuilding, repair and restoration of the Building in accordance with The Secretary of the Interior's
Standards for the Treatment of Historic Properties (36 CFR 68), as these may be amended from time to
time (hereinafter the "Secretary's Standards").
2.2. The Grantor's Covenants: Prohibited Activities. The following acts or uses are
expressly forbidden on, over, or under the Property, except as otherwise conditioned in this paragraph:
(a)
the Building shall not be demolished, removed or razed except as may occur under
Paragraphs 7 and 8;
(b)
nothing shall be erected or allowed to grow on the Property which would impair the
visibility of the Building from street level;
(c)
the Property shall not be conveyed except as a unit, but this shall in no way preclude or
prohibit Grantor from entering into leases, sub-leases, license agreements, concession
agreements, and performance agreements for all or a portion of the Property and/or the
Building;
(d)
no above-ground utility transmission lines, except those reasonably necessary for the
existing Building, may be created on the Property, subject to' utility easements already
recorded;
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(e)
subject to the maintenance covenants of Paragraph 2.1 hereof, certain features located
within the Property, identified in Exhibit "B" attached hereto, shall not be removed,
demolished or altered:
3.1. Conditional Rights Requiring Approval by the Grantee. Without the prior express
written approval of the Grantee, the Grantor shall not undertake any of the following actions:
(a)
increase or decrease the height of, make additions to, change the exterior construction
materials or colors of, or move, improve, alter, restore or change the facades (including
fenestration) and roof of the Building;
(b) change the floor plan of the Building; or
(c)
erect any external signs or external advertisements except: (i) such as the plaque
permitted (but not required) under Paragraph 19 of this Easement; (ii) a sign stating
solely the address of the Property; and (iii) a temporary sign to advertise the sale or lease
of the Property. Nothing herein shall be interpreted to mean that the Grantor cannot
appropriately announce and/or advertise for theatrical engagements or other types of
activities that will be taking place on the Property, and Grantee's express written
approval shall not be required for such announcements/advertisements.
3.2. Review of the Grantor's Requests for Approval. The Grantor shall submit to the
Grantee for the Grantee's approval of those conditional rights set out in Paragraph 3.1 information
(including plans, specifications and designs, where appropriate) identifying the proposed activity with
reasonable specificity. In connection therewith, the Grantor shall also submit to the Grantee a timetable
for the proposed activity sufficient to permit the Grantee to monitor such activity. The Grantor shall not
undertake any such activity until approved by the Grantee. The Grantee reserves the right to consult with
governmental agencies, nonprofit preservation organizations, and/or other advisors deemed appropriate
by the Grantee, concerning the appropriateness of any activity proposed under this Easement. The
Grantor shall make no change or take any action subject to approval of the Grantee unless expressly
authorized in writing by an authorized representative of the Grantee.
4. Standards for Review. In exercising any authority created by the Easement to inspect
the Building, including the interior to review any construction, alteration, repair or maintenance, or to
review casualty damage or to restore or approve restoration of the Building following casualty damage,
the Grantee shall apply the Secretary's Standards.
5. Public Access. The Grantor shall make the Property and the Building accessible to the
public on a minimum of twelve (12) days per year. In addition, with reasonable notice to Grantor,
persons affiliated with educational organizations, professional architectural associations, and historical
societies shall be admitted to study the Property. The Grantee may make photographs, drawings, or other
representations documenting the significant historical, cultural, and architectural character and features of
the Property and distribute them to magazines, newsletters, or other publicly available publications, or use
them to fulfill its charitable and educational purposes.
The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000 (d)), the
Americans with Disabilities Act (42 USC 12204), and with Section 504 of the Rehabilitation Act of 1973
(29 USC 794). These laws prohibit discrimination on the basis of race, religion, national origin, or
disability. In implementing public access, reasonable accommodations to qualified disabled persons shall
be made in consultation with the State Historic Preservation Office. ·
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6. The Grantor's Reserved Rights Not Requiring Further Approval by the Grantee.
Subject to the provisions of Paragraphs 2.1, 2.2 and 3.1, the following rights, uses and activities of or by
the Grantor on, over or under the Property and/or the Building are permitted by this Easement and by the
Grantee without further approval by the Grantee:
(a)
the fight to engage in all those acts and uses that: (i) are permitted by governmental
statute or regulation; (ii) do not substantially impair the preservation' values of the
Property; and (iii) are not inconsistent with the purpose of this Easement;
(b)
pursuant to the provisions of Paragraph 2.1, the right to maintain and repair the Building,
and to determine in Grantor's' reasonable discretion the means and methods for such
repair and maintenance, provided such means and methods are in accordance with the
Secretary's Standards. As used in this subparagraph, the fight to maintain and repair
shall mean the use by the Grantor of in-kind materials and colors, applied with
workmanship comparable to that which was used in the construction or application of
those matefials being repaired or maintained, for the purpose of retaining in good
condition the appearance and construction of the Building. The right to maintain and
repair as used in this subparagraph shall not include the fight to make changes in
appearances, materials, colors and workmanship from that existing prior to the
maintenance and repair without the prior approval of the Grantee in accordance with the
provisions of Paragraphs 3.1 and 3.2;
(c)
the fight to continue all manner of existing use and enjoyment of the Property and/or the
Building including but not limited to the continuation of existing uses on the Property
and/or the Building, and the fight to maintain and enforce existing agreements and
contracts affecting the Property and/or the Building, as well as the negotiation and
execution of new agreements and contracts for the Property and/or the Building; the
maintenance, repair and restoration of existing structures and fences; the right to maintain
existing utility lines, gardening and building walkways and steps; the fight to cut, remove
and clear grass or other vegetation and to perform routine maintenance, landscaping,
horticultural activities, and upkeep, consistent with the purpose of this Easement; and
(d)
the fight to conduct at or on the Property and/or the Building, the continuation of current
uses, as well as other cultural, governmental, educational, profit and nonprofit activities
that are not inconsistent with the protection of the preservation values of the Property
and/or the Building.
7. CaSUalty Damage or Destruction. In the event that the Building or any part thereof be
damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, the
Grantor shall notify the Grantee in writing within fourteen (14) calendar days of the damage or
destruction, such notification including what, if any, emergency work has already been completed. No
repairs or restoration of any type, other than emergency work to prevent further damage to the Building or
to protect public safety, shall be undertaken by the Grantor without the Grantee's prior written approval.
Within thirty (30) calendar days of the date of damage or destruction, if required by the Grantee, the
Grantor at its expense shall submit to the Grantee a written report prepared by a qualified restoration
architect and an engineer who are acceptable to the Grantor and the Grantee, which report shall include
the following:
(a) an assessment of the nature and extent of the damage;
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(b)
a determination of the feasibility of the restoration of the Building and/or restoration of
damaged or destroyed portions of the Building; and
(c)
a report of such restoration work necessary to return the Building to the condition
existing at the date hereof.
8. Review After Casualty Damage or Destruction. If, after reviewing the report provided
in Paragraph 7 and assessing the availability of insurance proceeds after satisfaction of any
mortgagee's/lender's claims under Paragraph 9, the Grantor and the Grantee mutually agree that the
purpose of the Easement will continue to be served by such restoration, the Grantor and the Grantee shall
establish a schedule under which the Grantor shall complete the restoration of the Building in accordance
with plans and specifications consented to by the parties up to at least the total of casualty insurance
proceeds available to the Grantor.
If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction
of any mortgagee's/lender's claims under Paragraph 9, the Grantor and the Grantee mutually agree that
restoration of the Building is impractical or impossible, or agree that the purpose of the Easement would
not continue to be served by such restoration, the Grantor may, with prior written consent of the Grantee,
alter, demolish, remove or raze the Building and/or construct new improvements on the Property and,
Grantor and the Grantee shall agree to terminate this Easement in accordance with the laws of the State
of Florida, and paragraph 23.1 hereof.
If, after reviewing the report and assessing the availability of insurance proceeds after
satisfaction of any mortgagee's/lender's claims under Paragraph 9, the Grantor and the Grantee
are unable to mutually agree that the purpose of the Easement will or will not be served by such
restoration, the matter may be referred by either party to binding arbitration under the auspices of
the American Arbitration Association, with the Grantor and Grantee equally sharing the cost of
the arbitrator.
9. Insurance. Grantee acknowledges that Grantor is a self-insured govemmental
entity subject to the limitations of Section 768.28, Florida Statutes. In the unlikely event of a sale or
transfer of the Property, the following insurance provision would apply to the new buyer and/or
transferee, provided that it is not a govemmental entity subject to the same provisions set forth in Section
768.28 Florida Statutes.
(a)
The new buyer and/or transferee shall keep the Property insured by an insurance
company rated "Al" or better by Best's for the full replacement cost without cost or
expense to Grantor and/or Grantee. Such insurance shall include the Grantee's interest
and name the Grantee as an additional insured. The new buyer and/or transferee shall
deliver to the Grantee, within ten (10) business days of the Grantee's written request
therefore, certificates of such insurance coverage. Provided, however, that whenever the
Property is encumbered with a mortgage or deed of trust, nothing contained in this
paragraph shall jeopardize the prior claim, if any, or the mortgagee/lender to the
insurance proceeds.
10. Indemnification. To the extent provided by law, and to the extent and limits provided
pursuant to Section 768.28, Florida Statutes, the Grantor hereby agrees to indemnify, hold harmless and
defend at its own cost and expense, the Grantee, its trustees, directors, officers and employees, from and
against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including
reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in connection with
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injury to or death of any person; physical damage to the Property; the presence or release in, on, or about
the Property, at any time, or any substance now or hereafter defined, listed, or otherwise classified
pursuant to any law, ordinance, or regulation as a hazardous, toxic, polluting, or contaminating substance;
or other injury or other damage occurring on or about the Property; unless such injury or damage is
caused by the Grantee or any agent, trustees, director, officer, employee, or independent contractor of the
Grantee. In the unlikely event of a sale or transfer of the Property, the following indemnification
provision would apply to the new buyer and/or transferee, provided that it is not a governmental entity
subject to the same provisions set forth in Section 768.28 Florida Statutes.
(a)
In the event that the new buyer and/or transferee is required to indemnify the Grantee
pursuant to the terms of this paragraph, the amount of such indemnity, until discharged,
shall constitute a lien on the Property with the same effect and priority as a mechanic's
lien. Provided, however, that nothing contained herein shall jeopardize the priority of
any recorded lien of mortgage or deed of trust given in connection with a promissory note
secured by the Property.
11. Taxes. The Grantor shall pay immediately, when first due and owing, all general taxes,
special assessments, water charges, sewer service charges, and other charges which may become a lien on
the Property unless the Grantor timely objects to the amount or validity of the assessment or charge and
diligently prosecutes an appeal thereof, in which case the obligation hereunder to pay such charges shall
be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period
following completion of such action. In place of the Grantor, the Grantee is hereby authorized, but is in
no event required or expected, to make or advance upon three (3) days priOr written notice to the Grantor
any payment relating to taxes, assessments, water rates, sewer rentals and other governmental or
municipality charge, fine, imposition, or lien asserted against the Property. The Grantee may make such
payment according to any bill, statement, or assessment or may inquire into and contest the validity of
such tax, assessment, sale, or forfeiture. Such payment if made by the Grantee shall constitute a lien on
the Property, with the same effect and priority as a mechanic's lien, except that such lien shall not
jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a
promissory note secured by the Property.
12. Written Notice. Any notice which either the Grantor or the Grantee may desire or be
required to give to the other party shall be in writing and shall be delivered by one of the following
methods: by overnight courier postage prepaid, facsimile transmission, registered or certified mail with
return receipt requested, or hand delivery; if to the Grantor, then at the following address:
with copies to:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
And if to the Grantee, then to the following address:
Executive Director
Florida Trust for Historic Preservation
P.O. Box 11206
Tallahassee, FL 32302
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Each party may change its address set forth herein by a written notice to such effect to the other party.
13. Evidence of Compliance. Upon request by the Grantor, the Grantee shall promptly
furnish the Grantor with certification that, to the best of the Grantee's knowledge, the Grantor is in
compliance with the obligations of the Grantor contained herein or that otherwise evidences the status of
this Easement to the extent of the Grantee's knowledge thereof.
14. Inspection. Upon reasonable notice to Grantor, representatives of the Grantee shall be
permitted at all reasonable times to inspect the Property and/or the Building. The Grantor agrees not to
withhold unreasonably its consent in determining dates and times for such inspections.
15. The Grantee's Remedies. The Grantee may, following reasonable written notice to the
Grantor, institute suit(s) to enjoin any violation of the terms of this Easement by temporary, preliminary,
and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the
restoration of the Property and Building to the condition and appearance that existed prior to the violation
complained of. The Grantor agrees that the Grantee shall not be required to post a bond or other security
in the event it is awarded an injunctive order from a court, and Grantor hereby waives such requirements.
The Grantee shall also have available all legal and other equitable remedies to enforce the Grantor's
obligations hereunder.
In the event the Grantor is found by a court of competent jurisdiction to have violated any of its
obligations, the Grantor shall reimburse the Grantee for any costs or expenses incurred in connection with
the Grantee's enforcement of the terms of this Easement, including all reasonable court costs, and
attorney's, architectural, engineering, and' expert witness fees.
Exercise by the Grantee of one remedy hereunder shall not have the effect of waiving or limiting
any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting
the use of any other remedy or the use of such remedy at any other time.
16. Notice from' Government Authorities. The Grantor shall deliver to the Grantee copies
of any notice of violation of law relating to the Property received by the Giantor from any government
authority within five (5) business days of receipt 'by the Grantor. Upon request by the Grantee, the
Grantor shall promptly furnish the Grantee with evidence of the Grantor's compliance with such notice
where compliance is required by law.
17. Notice of Proposed Sale. The Grantor shall promptly notify the Grantee in writing of
any proposed sale of the Property and provide the opportunity for the Grantee to explain the terms of the
Easement to potential new owners prior to sale closing.
18. Liens. Except for publicly owned properties, any lien on the Property created pursuant to
any paragraph of this Easement may be confirmed by judgment and foreclosed by the Grantee in the same
manner as a mechanic's lien, except that no lien created pursuant to this Easement shall jeopardize the
priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note
secured by the Property.
19. Plaque. The Grantor agrees that the Grantee may (but is not required to) provide and
maintain a plaque on the Property, which plaque shall not exceed 24 by 24 inches in size, giving notice of
the significance of the Property and the existence of this Easement.
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20. Binding Effect - - Runs with the Land. Except as provided in Paragraphs 8 and 23.2,
the obligations imposed by this Easement shall be effective for 50 years, commencing upon the last date
of execution by the parties hereto, and shall be deemed to run as a binding servitude with the Property.
This Easement shall extend to and be binding upon the Grantor and the Grantee, their respective
successors in interest and all persons hereafter claiming under or through the Grantor or the Grantee, and
the words "The Grantor" and "The Grantee" when used herein shall include all such persons. Any right,
title, or interest herein granted to the Grantee also shall be deemed granted to each successor and assign of
the Grantee and each such following successor and assign thereof, and the word "The Grantee" shall
include all such successors and assigns.
Anything contained herein to the contrary notwithstanding, an owner of the Property shall have
no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in
the Property by reason of a bona fide transfer except that the liability for acts or omissions occurring prior
to transfer shall survive transfer. The restrictions, stipulations, and covenants contained in this Easement
shall be inserted by the Grantor, verbatim or by express reference, in any subsequent deed or other legal
instrument by which the Grantor divests itself of either the fee simple title to or any lesser estate in the
Property or any part thereof, including by way of example and not limitation, a lease of all or a portion of
the Property.
21. Assignment. The Grantee may convey, assign, or transfer this Easement without the
prior written consent of Grantor, which consent shall not be unreasonably withheld to a unit of federal,
state, tribal or local government or to a similar local, state, or national organization whose purposes, inter
alia, are to promote preservation of historical, cultural, or architectural resources, provided that any such
conveyance, assignment, or transfer requires that the Purpose for which the Easement was granted will
continue to be carded out.
22. Recording and Effective Date. The Grantor shall do and perform at its own cost all acts
necessary to the prompt recording of this instrument in the official records of Miami Dade County,
Florida. Grantee may re-record this Easement at any time as may be required to preserve its rights in the
Easement.
23.1 Termination of Easement. The Grantor and the Grantee herby recognize that
circumstances may arise that may make impossible the continued ownership or use of the Property and/or
the Building in a manner consistent with the purpose of this Easement and necessitate termination of the
Easement. Such circumstances may include, but are not limited to, partial or total destruction of the
Building resulting from casualty. Extinguishment must be a result of a judicial proceeding in a court of
competent jurisdiction, except to the extent allowed by the application of Paragraph 8 hereof.
23.2 Condemnation. If all or any part of the Property is taken under the power of eminent
domain by public, corporate, or other authority, or otherwise acquired by such authority through a
purchase in lieu of a taking, the Grantor and the Grantee shall join in appropriate proceedings at the time
of such taking to recover full value of those interests in the Property that are subject to the taking and all
incidental and direct damages resulting from the taking. After the satisfaction of prior claims and net of
expenses reasonably incurred by the Grantor and the Grantee in connection with such taking, the Grantor
and the Grantee shall be respectively entitled to compensation from the balance of the recovered proceeds
in accordance with applicable law.
24. Interpretation. The following provisions shall govern the effectiveness, interpretation,
and duration of the Easement.
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(a) Any rule of strict construction designed to limit the breadth of restrictions on alienation
or use of Property shall not apply in the construction of interpretation of this Easement, and this
instrument shall be interpreted broadly to affect its purpose and the transfer of rights and the restrictions
on use herein contained.
(b) This instrument is made pursuant to the Act, but the invalidity of such Act or any part
thereof shall not affect the validity and enforceability of this Easement according to its terms, it being the
intent of the parties to agree and bind themselves, their successors and their assigns for 50 years to each
term of this instrument whether this instrument be enforceable by reason of any statute, common law, or
private agreement in existence either now or hereafter.
(c) The invalidity or unenforceability of any provision of this instrument shall not affect the
validity or enforceability of any other provision of this instrument or any ancillary or supplementary
agreement relating to the subject matter thereof.
(d) Nothing contained herein shall be interpreted to authorize or permit the Grantor to violate any
ordinance or regulation relating to building materials, construction methods, or use. In the event of any
conflict between any such ordinance or regulation and the terms hereof, the Grantor promptly shall notify
the Grantee of such conflict and shall cooperate with the Grantee and the applicable governmental entity
to accommodate the purposes of both this Easement and such ordinance or regulation.
(e) To the extent that Grantor owns or is entitled to development rights which may
exist now or at some time hereafter by reason of the fact that under any applicable zoning or
similar ordinance the Property may be developed to a use more intensive (in terms of height,
bulk, or other objective criteria related by such ordinances) than the Property is devoted as of the
date hereof, such development fights may be sold, transferred or otherwise conveyed for use
other than on the Property, provided that such use is implemented in a manner that would not
interfere with the preservation of the Property or any other historically significant building or the
Purpose of the Easement.
(f) Grantor and Grantee agree to conduct themselves in a reasonable manner and to
exercise good faith and fair dealing in the performance of this Easement.
25. Amendment. If circumstances arise under which an amendment to or modification of
this Easement would be appropriate, the Grantor and the Grantee may by mutual written agreement
jointly amend this Easement, provided that no amendment shall be made that adversely affect the
qualification of this Easement or the status of the Grantee under applicable laws, including the laws of the
State of Florida. Furthermore, no amendment may reduce the term or duration of this Easement. Any such
amendment shall be consistent with the preservation values of the Property and the purpose of this
Easement. Any such amendment shall be recorded in the official records of Miami Dade County, Florida.
Nothing in this paragraph shall require the Grantor or the Grantee to agree to any amendment or to
consult or negotiate regarding any amendment.
This Easement reflects the entire agreement of the Grantor and the Grantee. Any prior or previous
correspondence, understandings, agreements, and representations are null and void upon execution
hereof, unless set out in this instrument.
Page 9 of 12
IN WITNESS WHEREOF, the Grantor and the Grantee have set their hands under seal on the
days and year set forth below.
Signed, sealed and delivered
In the presence of:
}:/~ '/ l~)g~. BEACH, a Florida
G
Title:
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
..The fore~oin~ instmment was acknowledged before me this ~;I~ dayofF~, 200~,~
by .~~ i~ as ~lz~,_,,- , of the City of Miami Beach,/Florida, a
municipal corporation of the State of Florida?On behalf of said City. He/She is personally .known to me_
or has produced
(type of identification) as identification.
My Commission Expires:
[SEAL]
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~t~ Aflomey ('~[}'- Date
Page 10 of 12
GRANTEE:
FLORIDA TRUST FOR HISTORIC
PRESERVATION, INC., a Florida not-for-profit
corporation
By:/~'~~
TNi~le~..e: ' ~.,I~~,~-.~,~/~'~'"Y"~ !
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this l qO'~day of~C~tta~/ , 200;~?
by ~l~.Xc-.pc.~/;~j , as ~'TiL~t~lt.q.~ , of the Florida Trust fo~ Historic
Preservation, Inc., a F[ori~ ~~ ~ro~ ~ ~c~.alf zf ~E: ,,, ' ....
He/She is personally ~o~ to me or has produced (~e of
identificati~ation.
Notary Pu~bl
Print Name:
My Commission Expires:
[SEAL]
!l.':.~.~:.~, "o~v,~ ~. ~,ss ~i~
It;f"~:~ uv COMMISSION#OD339550 Il
]~;~] EXPIRES: July 20, ~ Ii
Page 11 of 12
SCHEDULE OF EXHIBITS
Ao
Property Description
List of Interior Features to be Protected
Page 12 of 12
EXHIBIT A
THE COLONY THEATER
ADDRESS:
1040 Lincoln Road, Miami Beach, Florida 33139
LEGAL DESCRIPTION:
Lot 12 Block 47, Lincoln Subdivision, according to the plot thereof, as recorded in Plat
Book 9, Page 69 of the public records of Miami-Dade County, Florida.
PROJECT DESCRIPTION:
Colony Theater was originally built in 1934-36 by Paramount Enterprises, and is
listed on the Local and National Register of Historic Places. The building is a
masonry construction commercial-entertainment building, representing a modest
example of Art Deco Architecture during the 1930's and 1940's. The Colony was
designed R.A. Benjamin of Jacksonville, with assistant architects John and
Coulton Skinner. It was originally built at a cost of $50,000.
The Colony is currently undergoing a $6.3 Million renovation and restoration
which includes the removal of the rear 45 feet of existing building, housing the
original stage; and construction of a new stage house, the addition of second
and third floor service areas behind the stage and a fourth floor dressing and
rehearsal room area.
The historic preservation scope of work involves removing the existing marquee
and storefront on Lincoln Road, restoring them to their original appearance and
location, and modifying the interior lobby, office and concession area to be more
consistent with the original design. The Project is scheduled for completion in
Spring, 2006.
COLONY THEATER PROJECT
PICTURES
Colony Theater- Architectural Rendering of Final Project
Pre-Renovation Fa(~ade
Pre-Renovation Stage House
Colony Theater Project Pictures
Page 2 of 4
Demolition of old Fa(~ade
Demolition of Stage House
Interior Lobby- Work in Progress
(Exposed Vaulted Ceilings)
Colony Theater Project Pictures
Page 3 of 4
New Stage House Construction
Post Construction - New Fa(~ade & Stage House
Post Construction New Entrance and Marquee
Colony Theater Project Pictures
Page 4 of 4
Post Construction -New Facade
Interior Lobby Restoration Detail