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HomeMy WebLinkAboutSubmittal-Elvis Cruz-Exhibit Package A-NA Submitted into the public record fo item's) �� on L5 City Clerk DOCUMENT COVER PAGE For those documents not providing the required space on the first page, this cover page must be attached. It must describe the document in sufficient detail to prohibit its transference to another document. An additional recording fee for this page must be remitted. Document Title: tv'M (Mortgage, Deed, Construction. Lien, Etc.) Executing Party: Legal Description: (If Applicable) 111111111111111111111111111111111111111111111 C:6= 1-1 20141R 5834. Xg OR Bk 29277 Pss 4160 - 4212; (`;;pas) RECORDED 08/20/2014 15:23:55 - htARt Y RUVTN, CLERK OF COURT I`1IAllI-DADE COUNTY? FLORIDA Space above this line reserved for recording office use) As more filly described in above described document. Return Document To / Prepared By: F.S. 695.26 Requirements for recording instruments affecting real property — (Relevant excerpts of statute) (1) No instrument by which the title to real property or any interest 0:-.•a ;= conveyed, assigned, encumbered, or otherwise disposed of shall be recor, 0 b,cth . clerk of the circuit court unless: �,'( ez? 4 (e) A 3-inch by 3-inch space at the top right-hand corner on the l .jr�k age: and a 1-inch by3-inch space at the topright-hand corner on each subse P 9 9' p,. f?d9 � are reserved for use by the clerk of the court... „_; ; CLK/CT 155 Rev. 04111 1,oWy 5Am,Q L\VAI J t\\ �'o(1<Uy i� 1� Submitted into the public record f9r ite (s) v Z. 15 on' S 11,5 I . City Clerk SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into between (1) Morningside Civic Association, Inc., a Florida not -for -profit corporation, which for all purposes of this Agreement includes the following individual Appellant Morningside Neighborhood residents in their respective individual capacities: Rod Alonso, Rob Stebbins, Scott Crawford, and Elvis Cruz, jointly and severally, (collectively referred to for both the Momingside Civic Association, Inc. and the named individual Appellants as "Morningside"); (2) Bayside 5101, LLC, a Florida Limited Liability Company ("Bayside"), as successor in interest to Chetbro, Inc., a Florida corporation ("Chetbro" or "Developer"); and (3) the City of Miami, a Florida municipal corporation ("City"). Morningside, Bayside, and the City are collectively referred to as the "Parties." RECITALS WHEREAS, Bayside is the owner of the properties located at 5101 Biscayne Boulevard (Folio No. 01-3129-018-00702) and 5125 Biscayne Boulevard (Folio No. 01-3219-017-0090) located in the City of Miami, Florida, which are more particularly described in the Warranty Deed attached hereto as Exhibit "A"., (collectively, the "Property"); WHEREAS, on or about July 21, 2004, the Director of the City's Planning and Zoning Department, pursuant to Article 15, Sections 609.3, 1512, and 923.2 of City Zoning Ordinance 11000, issued Class II Special Pemrit No.2003-0309 ( "Class II") to Chetbro; WHEREAS,the Class II authorized the new construction of a mixed use building at the Property to include 63 residential units, 87.4 feet in height, 8 floors, 89 parking spaces, and 87,275 square feet of residential floor area (1.72 FAR), as more particularly described in the attached Exhibit `B" and as analyzed for Gross Floor Area ("GFA") in/tli 41ft ie ).tat. tied MIA 183602800v7 Submitted into the publi,F� record f r iterp(s) Y , 15 on 3 I L5 in . City Clerk "Bayside Motel Approved Project Floor Areas," dated December 2, 2013, prepared by DB Lewis Architecture and Design attached hereto as Exhibit "C"; WHEREAS, Morningside appealed the issuance of the Class II to the City's Zoning and Appeals Board ("Zoning Board") and on October 4, 2004, the Zoning Board issued Resolution ZB 2004-0928 denying Morningside's appeal; WHEREAS, Momingside then appealed the Zoning Board's decision to the City Commission and, on November 18, 2004, the City Commission adopted Resolution 04-01208 reversing the decision of the Zoning Board; WHEREAS, the Developer appealed to the Appellate Division of the Eleventh Judicial Circuit Court in and for Miami -Dade County and on July 14, 2006 the Court quashed the decision of the City Commission and remanded the matter to the Commission for further proceedings; WHEREAS, on February 28, 2008, the City Commission granted the Class II subject to a further height reduction for the project of 35 feet from the previously approved height; WHEREAS, the Developer appealed again to the Appellate Division of the Eleventh Judicial Circuit Court in and for Miami -Dade County and on November 13, 2008, the Circuit Court affirmed the Miami City Commission's decision; WHEREAS, the Developer appealed to the Third District Court of Appeal of Florida and in an opinion dated October 7, 2009 and reported as Dougherty v. City of Miami, 23 So. 3d 156 (Fla. 3d DCA 2009), the Court of Appeal granted certiorari and quashed the decision of the Circuit Court remanding back to the City Commission; 2of19 MIA 183602B00v7 Submitted into the pt tic record fqr ite (s) , on 5 I 'l,5 / 19 . City Clerk WHEREAS, on remand from the second appeal, the City Commission conducted a de novo review and on May 27, 2010, again imposed a 35-foot height limitation on the development of the Property; WHEREAS, upon appeal, the Developer was denied relief by the Circuit Court and appealed to the Third District Court of Appeal of Florida and, in an opinion dated April 25, 2012 and reported as Dougherty v. City of Miami, 89 So. 3d 963 (Fla. 3d DCA 2012), the Court of Appeal granted the Developer's writ of certiorari and quashed the decision of the Circuit Court; WHEREAS, upon remand from the Third District Court of Appeal, the City Commission approved Resolution No.13-0013 denying Morningside's appeal and affirming the decision of the Zoning Board, in accordance with the opinion -of the Third District Court of Appeal, approving the Class II for the development of 63 residential units, 87.4 feet in height, 8 floors, 89 parking spaces, and 87,275 square feet of FAR, consistent with the plans attached hereto as Exhibits B and C. WHEREAS, the existing two-story historic structure (a/Ida Bayside Motor Inn Motel) located on the Property consists of 13,511 square feet; WHEREAS, the Miami ModernBiscayne Boulevard Historic District ("MiMo District") was established by the City Commission on June 6, 2006; WHEREAS, Morningside and the City have raised concerns regarding the potential impact of the Project on the MiMo District and surrounding neighborhoods; WHEREAS, Bayside recognizes that Morningside and the City have concerns regarding the potential impact of the Project on the MiMo District and surrounding neighborhoods; iof19 MIA 183602800v7 Submitted into the pubic Z ' S record fpr itetn(s) on 51 5 l �7 . City Clerk WHEREAS, Bayside wishes to mitigate the Project's perceived impact on the MiMo District and surrounding neighborhoods by agreeing to certain conditions and knowingly and voluntarily forgoing certain development rights as granted in the Class II; WHEREAS, the Parties amicably desire to resolve all of the concerns, issues, claims, rights, and entitlements raised by Morningside and the City with respect to the development of the Property, including the height of the proposed building as approved in the Class II; WHEREAS,on October 22, 2009 , the City has legislatively instituted, in the applicable sections of Chapter 23 of the City Code and the Miami 21 Zoning Ordinance, a height restriction of 35-feet for new buildings or structures developed within the boundaries of the MiMo District; WIEREAS,the City has created the Transfer of Development Rights ("TDRs") program, set forth in Section 23-6 of the City Codeto encourage new construction and improvements to existing structures located within the boundaries of the MiMo District and to redress the loss of property rights to those property owners located within the MiMo District by the imposition of the 35-foot height limitation; and, NOW, THEREFORE, in reliance upon the recitals stated above, and in consideration of • the mutual covenants, conditions, and agreements contained herein, each Party hereto, on its own behalf, and on behalf of the entities specifically noted or referred to herein, intend to be legally bound, stipulate, and agree as follows; 1. Recitals. The foregoing recitals are true, correct, and incorporated herein by reference and no Party shall raise, and each Party expressly knowingly and voluntarily waives, any defense to the enforcement of this Agreement based on any assertion that it is unenforceable for any reason whatsoever, including, without limitation, public policy considerations. • yw 2. In consideration of the terms of this Agreement, the City agees as fo11oaas ; c' 4 of 19 MIA 183602800v7 Submitted into the pubkc 15 record f9r ite (s) on 5 I L I rl . City Clerk A. Release by the City. The City hereby releases, acquits, satisfies, and discharges Bayside and Morningside from any and all claims, demands, liabilities, debts, judgments, damages, expenses, actions, causes of action, or suits related to the issuance of the Class II and various related appeals, or any alleged violations of the City's Laws and Ordinances that the City may have, may have had, or does now have to bring against Bayside and Momingside which involves this Class II Permit that was granted for the Property. B. Transfer of Development Rights. The City agrees that in order to encourage the preservation of the historic Property and to minimize the impact of the development of the Property on the MiMo District and surrounding neighborhood, as permitted under the Class II, Bayside will be allowed to transfer the available unused development rights of the approved Class II in exchange for Bayside's withdrawal and abandonment of the Class II Special Permit and forfeiture of rights to issuance of a building permit pursuant to the Class II. Specifically, the City agrees to issue a TDR Certificateof Eligibility ("COE") and Certificate(s) of Transfer ("COT"), subject to the following: (a) The Property qualifies as eligible contributing resource for the purposes of participating in the T DR program. (b) The TDR process will go through the standard reviews for the issuance of the respective COE and COT as appropriate. To the extent required by Chapter 23 of the City Code of Ordinances, as amended., Bayside will apply to the Historicand Environmental Preservation B �L- 5of19 MIA 103602600v7 Submitted into the pubti�r 15 record f r ite (s) on 517,5 1 fl . City Clerk approval of the rehabilitation project prior to receiving any TDR certification. (c) The Property is legally vested under Zoning Ordinance 11000 and the SD- 9 zoning designations for development of 118,755 GFA of structure. (d) The City recognizes the additional costs and requirements associated with the rehabilitation of this historic property and, in the unique circumstances and extensive litigation over the Property as set forth in this Settlement Agreement, shall in this particular instance, permit a multiplier of not more than four (4.0) times the unused floor area or unused development rights in order to calculate the amount ofTDRs allowed to be transferred to an eligible receiving site. (e) The City agrees that the unused available development rights for the Property will be issued pursuant to a COE for a total of not more than 459,528 square feet of unused available TDR for the Property, to be calculated as follows: --> (i) TDR Multiplier. 118,755 square feet of GFA Pursuant to Class II x 4.0 TDR Multiplier = 475,020 square feet. (ii) Total Unused Development Rights Available for Transfer: 475,020 square feet minus 15,492 square feet of existing historic structure located on the Property = 459,523 square feet of Total Unused Development Rights Available for Transfer. (iii)In all other respects, Bayside will comply with all requix ts, conditions, safeguards, and stipulations of the City:l 3 6of19 MIA 183602800v7 Submitted into the p u lic record or it (s) �„ \ 5 on 5 � 15�� City Clerk Ordinance, Section 23-6 of the City Code, which is deemed as being incorporated by reference as though set forth in full herein. 3. In consideration of the terms of this Agreement, Bayside agrees as follows: A. Release by Bayside. Bayside hereby releases, acquits, satisfies, and discharges the City, its officials and employees, and Morningside from any and all claims, demands, liabilities, debts, judgments, damages, expenses, actions, causes of action or suit related to the issuance of the Class II and various related appeals or any alleged violations of Bayside's property rights that Bayside may have, may have had, or may hereafter bring against the City and/or Momingside. B. Indemnification of the City. Bayside agrees to indemnify, defend, save and hold harmless the City, its officials and employees from any claims, demands, liabilities, losses, causes of action of any nature whatsoever arising out of or in connection with the Agreement, the granting of the TDR COE, TDR COT, building permits, or any other approval or any part thereof, and from any past, present, or future, development or use of the Property as referenced in this Agreement, and additionally from and against all costs, fees, expenses, liabilities, any orders, penalties, damages, judgments, or decrees which may be entered and from and against all costs, attorneys' fees (inclusive of trial, appellate, and administrative proceedings), expenses, and liabilities incurred in the defense of such claim or in the investigation thereof. 7 of 19 MIA 183602800v7 Submitted into the pub 'c recordcf9r ite (s V L �5 on JJ L51 l / City Clerk C. Binding Agreement. Bayside expressly understands and agrees that this Agreement shall be binding upon Bayside, and also upon its heirs, successors in interest, or assigns and shall be a condition implied in any conveyance or other instrument affecting the title to the Property or any portion thereof. This Agreement shall be recorded in the public records of the Miami -Dade County by Bayside and its own cost and expense and shall serve as a covenant running with this Property. Bayside acknowledges that its representations and affirmations contained in this Agreement touch and concern the Property. Bayside will submit a certified copy of the recorded Agreement to the Planning Director within thirty (30) days of the date the Agreement is recorded with a copy to the City Attorney's Office. D. Discontinuation of Appeals.Bayside further, on its own behalf and as the successor in interest or assignee of the original Appellants in the Circuit and Appellate Courts, Lucia Dougherty on behalf of Contract vendee J. Laurence Eisnenberg, Trustee hereby affirms to the City, its officials and employees and to Momingside that all appeals and proceedings styled Dougherty vCity of Miami and Mornirgside Civic Association, Inc., et al., Petitioners vs. i'fiami City Commission, City of Miami, et. al. (Circuit Court Appellate Division, 11th Judicial Circuit Case No. 13-055 AP) is included in this Agreement and is rendered moot upon final approval of this Agreement. The current appeal being pursued by.:Ivlpnip,gk relating to the Dougherty v. City of Miami will be dismissedwithiprejiidice\li • 8of19 MIA I83602800v7 Submitted into the pub record for ite (s) vt, 15 on s I tf 1 fl . City Clerk by Momingside as it is also mooted by this Agreement. Any other Appellate, administrative, or trial proceedings that are related to the subject matter of this Agreement will be dismissed with prejudice with each respective party to bear its own costs and attorneys' fees. Each party to the current appeal currently pending between Dougherty and Morningside, as they are identified above, will bear their own respective costs and attorneys' fees. E. withdrawal of Class lI Special Permit. Bayside agrees that upon the issuance of the COE for the TDRs for the Property as set forth herein and in order to minimize the impact of the development of the Property, as permitted under the Class II, Bayside will withdraw and abandon the Class II Special Permit and knowingly and voluntarily forfeits and relinquishes its rights to the issuance of a building permit pursuant to the Class II. 1. Transfer of Development Rights. Bayside expressly agrees to adhere to the requirements for the preservation of eligible historic resources using the provisions of the TDR Application process as required under Section 23-6(8) of the City Code and any other applicable provisions in Chapter 23 of the City Code of Ordinances, as amended, including but not limited to the following: a. Bayside will transfer or sell the TDRs issued for:{Tr6 to an eligible receiving T6 zoned property; 9 of t9 MIA 183602800v7 Submitted into the pulAi 1 5record f r ite (s) Y Li on �Z,5 / . City Clerk b. Bayside will provide an "existing conditions report'evaluating the condition of the Property; and c. Bayside will provide a "maintenance plan" for the repair and maintenance of those items that have been identified as deficient, deteriorated, or non-existent in the existing conditions report. 2. Bayside expressly agrees to file and record a restrictive covenant for the Property in a form acceptable to the City Planning Director or authorized designee and the City Attorney as to legal form and pursuant to the provisions of Section 23-6(11) of the City Code of Ordinances, as amended, within thirty (30) days of execution of the first Purchase and Sales Agreement for the sale or transfer of the Property's TDRs to an eligible receiving site. 4. In consideration of the terms of this Agreement, Momingside agrees as follows: A. Release by Morningside. Morningside hereby releases, acquits, satisfies and discharges Bayside and the City, its officials and employees, from any and all claims, demands, liabilities, debts, judgments, damages, expenses, actions, causes of action or suit related to the issuance of the Class II and various related appeals, or any alleged violations of the City's Laws and Ordinances that Morningside may have, may have had, or may hereafter bring against Bayside and/or the City, its officials and employees. 13. Transfer of Development Rights.ln exchange for Baysidc's withd • Class II Special Permit and forfeiture of rights to a building 'p rm Plan 10 of 19 MIA 183602800v7 Submitted into the puWic record3fo� rt/ fl 7, e 5 on City Clerk development of the Property pursuant to the Class II, Momingside will not oppose approval of this Agreement, Bayside's TDR application, COE, COT, or any other approvals required to complete the TDR applications for the Property as set forth herein, including any approvals that may be required from the City's HEPB and issuance of building permits for the renovation of the Property. 5. Jurisdiction/Venue. Each Party agrees that the Circuit Court of the Eleventh Circuit of Miami -Dade County, Florida shall havc exclusive jurisdiction to enforce and/or interpret any of the terms and conditions of this Agreement, and may submit any disputes arising under this Agreement by filing an action at law with that court for determination in accordance with Florida law. In order to expedite the action at law under this section the Parties knowingly and voluntarily waive their rights to demand a jury trial in any action brought under this section. Each party shall bear its own attorneys' fees, providing, however, this does not apply if the City must institute an action to compel Bayside to indemnify the City pursuant to Section 3(B) of this Agreement in which instance Bayside shall pay the City's attorneys' fees. 6. Entire Agreement/Amendment. This Agreement, including its recitals, conditions, and releases contains all of the terms and conditions agreed upon by the Parties, relating to its subject matter, and supersedes any and all prior and contemporaneous agreements, negotiations, correspondence, understandings, and communications of the Parties, whether oral or written, respecting the subject matter of this Agreement. This Agreement may be amended or modified only in writing signed by all Parties hereto. This Agreement shall not be modified by any oral statement, communication, agreement, course of conduct, or by anything other than'a writing signed by all the Parties. 11of19 MIA 183602800v7 Submitted into the pub 'c record f r ite n(s) Z! V 5 on 6 /15 / )) City Clerk 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, heirs, grantees, and/or assigns of the Parties. 8. Authorization. Each person executing this Agreement on each Party's behalf has been duly authorized to sign on behalf of the respective Party and to bind each Party to the terms of the Agreement. 9. Non -Admission of Liability. The Parties agree that neither this Agreement nor anything contained herein shall constitute or is to be construed as an admission by the Parties of a violation of any federal, state, or local statute, any state or municipal code, or as evidence of any other liability, wrongdoing, or unlawful conduct. The Parties acknowledge that they have entered into this Agreement to avoid the costs and expenses of continued litigation and to settle disputed claims. 10. Notice. All communications concerning this Agreement shall be in writing by certified mail, return receipt requested (or by telex, telegram, or telecopy if properly confirmed in writing by certified mail, return receipt requested) and shall be addressed to the Parties and their representatives as shown below: If to Bayside: Lucia Dougherty, Esq. Carlos R. Lago, Esq. Greenberg Traurig, P.A. 333 Avenue of the Americas Suite 4400 Miami, Florida 33131 Telephone: (305) 579-0603 Facsimile: (305) 961-5603 doughertyl@gtlaw.com lagoc@gtlaw.com -and - Avra Jain 888 Biscayne Boulevard Suite 100 MIA 183602800v7 If to Momingside: Elvis Cruz 631 NE 57 Street Miami, Florida 33137 Telephone: 305-754-1420 ElvisCruz@mac.com - and - Luis Fernandez, Esq. 2250 SW 3 Avenue Suite 303 12 of 19 If to the Citv: Johnny Martinez City Manager City of Miami 444 S.W. 2°d Avenue Miami, Florida 33130 Telephone: 305-416-1025 Facsimile: 305-416-1019 johnnymartinez(ci;miarnigov.com c) Cain -and -1P ---"^,rye, ctrn Victoria Mendez, ig;S91:��,.„�'3 City Attorney 444 S.W. 2° Avenpe� i3 Submitted into the publ .1 record fpr it (s) L . .on 5115J 1 . City Clerk Miami, Florida 33132 Telephone: Facsimile: 11. Miami, Florida 33129 Telephone: 305-854-5955 Facsimile: 305-854-5324 lfernandezlaw@aol.com Miami, Florida 33130 Telephone: 305-416-1800 Facsimile: 305-416-5071 vmendez@miamigov.com Execution.This Agreement may be executed by the Parties in counterpart originals with the same force and affect as if fully and simultaneously executed as a single original document. Fully executed duplicate originals of this Agreement shall be distributed to the Parties. 12. Effective Date.The "Effective Date" of this Agreement shall be the date this Agreement has been executed by all Parties. 13. Severability. If any section, part of section, paragraph, clause, phrase, or word of this Agreement is declared invalid, the remaining provisions of this Agreement shall not be affected. 14. No Third Party Beneficiaries, Bayside, Momingside, Chetbro, and the City agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 15. City Commission Approval.This Agreement requires the approval of the Miami City Commission. 16. Entire Aereement.This Agreement along with the attached Exhibits A, B, C and D which are made a part hereof, constitute the sole and only agreement of the Parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior expressly set forth in this Agreement are of no force or effect. 13of19 MIA 183602800v7 agreements, promises, negotiations, or representationsF.,not 61' �J.' Submitted into the pull `5 record f r ite (s) on 5 I /5 Ifl City Clerk IN WIT TESTS }WHEREOF, the Parties have executed this Agreement. ATTEST: r`"` CITY OF MIAMI, a Florida Municipal (SEAL: Todd anion, ity Clerk) Corporation ("CITY") By: WA — STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Joh. kMartin z, PE Its: \.) City Manager Dated: (-2 Q— co, The foregoing instrument was acknowledged before me this oN day of ______ 201,E by 3 hr► . l+ /.11k.6tid.. , as the afid , respectively, of CITY OF MIAMI, a Florida Municipal Corporation who appeared before me and is personally known__ to me, or has produced as identification, Ind did take an oath. NOTARY: My commission Expires: OFE1JA E PERU MY p01JN19'ai0N Y EE 109269 EXPIRES: Augur . 2015 l 15ri�en &Wed ihuNW7 APOVE - AS TO LEGAL FORM NCNCO `l'NESS: endez ty Attorney MIA 1e3602800v7 Print Name: ` I Notary Public, state of Florida at Large (Notarial Seal) 14 of 19 Submitted into the public record f items) City Clerk on I r 15 BAYSIDE 5101, LLC, a Florida Limited Liability Company (`Badside ") By: Dated: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ATTEST: (SEAL: LOOM p0 �oY Pu01fc . a�1ER7yw M co m�°• Expires Jul f7, 2 a77 y° mmieWoo • fp 027855 ait 4.1 The foregoing instrument was acknowledged before me this 4 day of I 201 jby / JrtA a NA aad , as the m,w%) a-s"' asd respectively, of BAYSIDE 5101, LLC, a Florida Limited Liability Company, who appeared before me and is personally known to me, ,or has p educed as identification, and did take an oath. My commission Expires: NOTARY: Print Name: 644.4 A 2>:c..7‘JFw-A-4 Notary Public, State of Florida at Large (Notarial Seal) l5 of 19 MIA 183602800v7 Submitted into the public record fpr iterjt(s) Q ' 5 City Clerk on MORNINGSIDE CIVIC ASSOCIATION ATTEST: , INC., a Florida Non Profit Corporation (ORPOli By: Its: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE (SEAL: : The foregoing instrument was acknowledged before me this v day of 7--n 201$-by ✓✓�� �e , as the of MORNINGSIDE CIVIC ASSOCIATION LNC., a Florida Non Profit Corporation who appeared before me and is personal v knowa-tcune, or has produced ation, and did take an oath. My cornrnission Expires: MIA 183602800v7 NOTARY: Print Nam Notary P (Notarial Se 16of19 Florida at Large ri 11 Submitted into the pur 1 record f r ite (s) on 5in5 jf . City Clerk This instrument prepared by: Carlos R. Lago, Esq. GreenbergTrauAg 333 Avenue of the Americas, Suite 4400 Miami, FL 33131 CFN 2014R0690503 OR Bk 29336 P9s 2071 - 2090; (20p9s) RECORDED 10/03/2014 14:56:40 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA (Space Reserved for Clerk 1 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this a. day of September 2014, by BAYSIDE 5101, LLC, a Florida limited liability company (hereinafter referred to as the "Owner"), including its successors and assigns, is in favor of the CITY OF MIAMI, a municipal corporation located within the State of Florida (hereinafter referred to as the "City"). PREAMBLE WHEREAS, the Owner sought and obtained a determination of eligibility by the Historic Environmental and Preservation Board ("HEPB") of the City in accordance with Section 23-6 City of Miami Code of Ordinances, as amended ("City Code"), for the properties located at 5125 and 5101 Biscayne Boulevard, Miami, Florida 33137 (hereinafter collectively referred to as the "Sending Property") and legally described in the attached hereto as Exhibit "A" (Folio Nos. 01-3129-017-0090 and 01-3129-018-0070), as located within the City's Miami Modern / Biscayne Boulevard Historic District ("MiMo District"); and WHEREAS, the Sending Property has a net lot size of approximately 118,755 square feet and is presently developed with a two-story historically designated and contributing building (a/k/a Bayside Motor Inn Motel) consisting of approximately 15,492 square feet of existing building area; and MIA 184061046v1 Submitted into the public record fir itc (s) on City Clerk � � WHEREAS, on January 9, 2014, the Miami City Commission approved Resolution No. R-14-0015 authorizing a Settlement Agreement between and among the Owner, the City, the Morningside Civic Association, Inc., a Florida not -for -profit corporation, and various residents of the area, resolving more than a decade of litigation between the parties regarding the development of the Sending Property and concluding and agreeing that the Sending Property is eligible for the transfer of a total of 459,528 square feet of unused development rights available for transfer to eligible receiving site(s), as stipulated in that certain Settlement Agreement, as recorded on August, 20, 2014 in Official Records Book 29277, at Page 4160, of the Public Records of Miami -Dade County, Florida (the "Settlement Agreement"); and WHEREAS, on March 25, 2014, the City issued Certificate of Eligibility No. TDR- 2014-04 pursuant to the approved Settlement Agreement, authorizing a total of 459,528 square feet of available transfer of development rights to unknown eligible "Receiving Site(s)" in accordance with Chapter 23 of the City Code and Section 3.14 of Ordinance 13114, the City Zoning Code ("Miami 21"); and WHEREAS, on February 4, 2014, the City's Historic and Environmental Preservation Board ("HEPB") approved Resolution No. HEPB-R-14-006 issuing a Special Certificate of Appropriateness for the restoration, partial demolition and additions to the Sending Property; and WHEREAS, the Owner desires to make a voluntary binding commitment to assure that the Sending Property shall be preserved and maintained in accordance with the provisions of this Declaration and the City Code, including but not limited to, all applicable provisions of Section 23-6, entitled "Transfer of Development Rights". 2 MIA 184061046v1 Submitted into the pubkc record f r itet (s) nn City Clerk NOW THEREFORE, the Owner voluntarily and knowingly covenants and agrees that the Sending Property shall be subject to the following declarations and restrictions, which shall be deemed a covenant running with and touching and concerning the land and binding upon the Owner of the Sending Property, its heirs, successors and assigns as follows: Section 1. The recitals are hereby incorporated as if fully set forth herein. Section 2. The Owner hereby makes the following voluntary declarations running with and touching the land regarding the Sending Property: (a) Any construction on the Sending Property shall be completed pursuant to the Special Certificate of Appropriateness as approved by the HEPB pursuant to Resolution No. HEPB-R-14-006. Any proposed construction outside of the scope of work approved by an existing Certificate of Appropriateness shall be completed pursuant to the issuance of a Certificate of Appropriateness to be approved by either the City of Miami's Historic Preservation Officer (the "Historic Preservation Officer") or the HEPB, as required by Chapter 23 of the City Code. All work shall be done in accordance with the Secretary of the Interior Standards and the City of Miami Design Guidelines for Historic Resources. The building shall be preserved and maintained in accordance with the Existing Conditions & Improvement Report and the Maintenance Schedule Report attached hereto as composite Exhibit "B". (b) The Sending Property shall be maintained to a standard consistent with the City Building Department's standards for "Forty (40) year recertification". (c) The requirements set forth in Section 2 shall be binding upon the Owner, its heirs, successors, grantees and assigns. 3 MIA 184061046v1 Submitted into the public record fqr ite (s) City Clerk �9.51`l on (d) Notice of any change in ownership of the Sending Property shall be provided to the Historic Preservation Officer within 30 days of the date of such transfer. (e) The Receiving Property shall be located in a T6 Transect zone and must be eligible to participate in the Public Benefits Bonus Program. The Receiving Property shall have recorded against its title, in the Public Records of Miami -Dade County, Florida, a Certificate of Transfer indicating the amount of square footage of development rights transferred thereto. (f) In the event that the development rights are transferred from the Sending Property to an eligible Receiving Property, written notice by an addendum to this Declaration shall be recorded on the Sending Property. The recording of the addendum as to the Sending Property and the Certificate of Transfer as to the Receiving Property shall be done within thirty (30) days of such transfer and a copy shall be provided to the Historic Preservation Officer of the City. Section 3. Effective Date. This Declaration shall become effective upon recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time it shall be extended automatically for successive periods of ten (10) years. This instrument shall constitute a covenant running with the land on the Sending Property and shall be binding upon the Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Sending Property and shall be for the public welfare, as part of the preservation of buildings within the Miami Modern/Biscayne Boulevard Historic District. Certificates of 4 MIA 184061046v1 Submitted into the pu is record f r ite (s) e 15 on 5 z,„51a % . City Clerk Transfer created and amended pursuant to the transfer of development rights included in this Declaration shall also be recorded on the Receiving Properties once identified, as notice to the public of the transfer. Section 4. Modification, Amendment, Release. This instrument may only be modified, amended, or released as to the Sending Property, or any portion thereof, by a written instrument executed by the then Owner(s) of the Sending Property, including joinders by all mortgagees, if any, provided that the same is also approved in writing by the Historic Preservation Officer, the Director of the Planning Department, the Zoning Director or its designated representative, and with legal form approved by the City Attorney. Section 5. Inspection and Enforcement. This Declaration may be enforced by any means provided by law. An enforcement action may be brought by the Cif by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees, but attorney's fees shall not be awarded against the City. The City may also enforce this Declaration pursuant to City Code Chapter 2, Article X, entitled "Code Enforcement". This enforcement provision shall be in addition to any other remedies available under the law. Section 6. Severability. Invalidation of any one of these covenants by judgment of court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. 5 MIA 184061046v1 Submitted into the public record f r it m(s) 91, 15 on 5 15 L`1 City Clerk Section 7. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the Owner's expense within ten (10) days of execution by the City. The Owner shall furnish a certified copy of the recorded Declaration to the Historic Preservation Officer within thirty (30) days of its recordation. Certificates of Transfer created and amended by the Owner and pursuant to the transfer of development rights included in this Declaration shall also be recorded upon the Receiving Properties once they are identified. The Owner shall likewise furnish a certified copy of the recorded Certificate of Transfer to the Historic Preservation Officer within thirty (30) days of its recordation. Section 8. Miscellaneous Provisions. This Declaration shall be construed and enforced according to the laws of the State of Florida. Venue in any proceeding between the parties shall be in Miami -Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. Title and paragraph headings are for convenient reference and are not part of this Agreement. No waiver of breach of any provision of this Declaration shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. This Declaration constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed according to Section 4 herein. [Signature Pages to Follow] 6 MIA 184061046v1 Submitted into the put tic record fqr itertp(s) 7,, 15 on 5 1 /,S 11 1 City Clerk Signed, witnessed, executed and acknowledged on this day of S'cp-tgite, 2014. Witnesses: By: Name: rr By: Name: IA) CAA (". STATE OF FLORIDA COUNTY OF MIAMI DADE BAYSIDE 5101, LLC, a Florida limited liability company By: Avra Jain, its Malnager The foregoing instrument was acknowledged before me this. day of &p t r 2014 by Avra Jain, as Manager of Bayside_5101, LLC, a Florida limited liability company. She is ❑ personally known to me or2 has produced (Lc' va,,r G , as identification, and did take an oath. My Commission Expires: MIA 184061046v1 9.77 Notary Public State of Florida at Large L Print Name cic p`er WANDA RODRIGUEZ 1 Notary Public - State of Florida so. r + My Comm. Expires Mar 7, 2016 ••••„,;; tP`' Commission # EE 177058 Submitted into the pubUc , 1 record far itcrn(s) _ City Clerk on ti I Z5 �1 APPROVED AS TO FORM AND APPROVED AS TO HEM ORDINANCE CORRECTNESS: FOR TDR: City Attorney Pkia to\ °\\( /—G4 MEGANCROSS SCHMITT Historic Preservation Officer APPROVED AS TO ZONING APPROVED AS TO PLANNING REQUIREMENTS: IRENE S. HEGEDUS Zoning Administrator MIA 184061046v1 GUIDELINES: RANCISCO I3ARCIA Director of Planning and Zoning 8 C DB LEWIS-Architect EXHIBIT 1 Submitted into the public record for item(s) Q L, 15 on 51 i f In . City Clerk EXISTING CONDITIONS & IMPROVEMENTS REPORT And preliminary MAINTENANCE SCHEDULE REPORT For 5101 BAYSIDE, LLC 12 August, 2014 Prepared for: The CITY OF MIAMI Planning Department -Historic Preservation RE: TDR Application- 5101 Biscayne Blvd. For BAYSIDE 5101. t.t.0 Prepared By Dean B. Lewis, AIA, NCARB Architect AR00173 1 A. Property Address: Legal Description: Building Disposition: Reference Site Plan: Owner: Site: Building Structure: Amenities, Parking: Commercial Uses: Zoning: Net Lot Area(s): Building Areas: TDR Vouchers: DB LEWIS-Architect Submitted into the public p record cor itm(s) CZ• t5 on 7,5 I R City act!, SUMMARY 1 IDENTIFICATION 1 TDR Vouchers 5101, 5125 Biscayne Blvd,.., Miami, FL. 33138, MIMO Historic District Folios: 01-3219-018-0070, 01-3219-017-0090 —(5101 Bisc.Blvd. a Contributing Structure) (See attached Survey) (2) Existing two story CBS Freestanding 'U' shaped buildings connected with a one story common space lobby building. See attached - Existing Building Plan and areas provided in this TDR Application. BAYSIDE 5101, LLC, c/o: Ms. Avra Jain, MMBR.,4101 SW 14 ST.,Miami, FL. 33134 Full Block with service driveway along eastern boundary. Property parcels are fronting 3 public Right of Ways including Biscayne Blvd. Utility services include: City water, sewer, gas, and electric power. Reinforced 2 story CBS structures built in1952 using standard means of the time for its intended use, of extended stay motel, store and in grade pool, terrace amenities. Interior Courtyard w,!fountain, South garden terrace area, off street parking, 40 room Motel, Restaurant, Pool Terrace; allows for limited general commercial uses Miami 21 Zoning Code: T4-O (Open). Density 36 DU/acre 29,760 SF 15,492 SF 459,528 SF See TDR-2014-04 Certificate of Eligibility (COE), attached; ( of which, 90,128 SF will be maintained, reserved on the property as guarantee to complete the improvements, and final Maintenance Schedule Report of improvements as per Chapter 23 of City Code) B. SCOPE OF WORK —as per City-HEPB Approved Plans — COA February 2014 (attached) > Restoration and interior remodeling of existing courtyard buildings; > Demolition of the non -historic one-story entrance lobby and the altered one-story wing at the SW corner of property; > Construction of a double -height atrium lobby in place of the existing entrance lobby; >Construction of a restaurant cafe addition in place of the existing one-story wing at the SW corner of property; >Repair and refinishing of all stucco walls; >Installation of new doors and windows; Conditions of COA: (See attached Photos and copies of Approved Plans) >Window design shall reflect historic window types of 1950's motels; can include divided -light steel casement, Awning. or jalousie windows. Frames shall be silver in color, and glass clear (low-e,approved). Operation types may Casement or single hung. >AII applied brick details shall remain intact, including on window bands and columns; and painted contrasting color. >The decorative concrete block garden wall fronting Biscayne blvd. shall be retained / returned on south boundary. 2 DB LEWfS-Architect >Original railings shall be retained. Submitted into the public record foritm(s)_7,, I Oil >AII signage, lighting, site work, fencing, and landscaping shall be subject to HEPB approval. 7 >All mechanical equipment. including air conditioning compressors. electrical boxes, solar panels, etc. shall be located so that it is not visible from the public right-of-way. City Clerk >AII work to be in accordance with City approved building permits, including required building MEP systems; >All mechanical equipment to be located away from / not visible from public right-of-way; >A multi -layered landscape buffer of palms, trees, shrubs, and/or ground cover shall be planted between Residential Commercial uses; >No spillover lighting shall be allowed, light fixtures shall be full cut-off style. I. OBJECTIVE — Identify Architectural Characteristics, Improvements The purpose of our observations and resulting Report is to assess the general existing conditions of the budding and site improvements. This report is intended primarily to address the architectural character defining elements and the improvements thereof which contribute the building's historical status. Further the report will identify in general terms those areas that require remedial or replacement works. This Report is based on field observations and industry standards for intended use. Note: Any / AII suggested remedial, and/or new work to be performed in accordance with City HEPB Approved PROJECT Plans, COA. II. PROCEDURES & LIMITATIONS On -Site evaluations of the property have been performed by our team to determine the condition of various components. We were able to gain access to most of the accessible building areas and the exterior grounds of the property. We did not remove any construction materials to inspect underlying structure. LIMITATIONS: Our observations are not intended to warrant or guarantee the performance of any building components or systems. This Report is not an environmental impact report and does not confirm the absence of asbestos, PCBs or toxic soils on the property. All representations are good faith observations to existing conditions prior to renovations. Repair and Improvement cost estimates will be based on approximate quantities and industry standard costs of rnaterial and labor available at the time of estimating. This Report is not a detailed survey of quantities for hard construction cost estimating. The author does not warrant nor guarantee that these good faith cost estimates represent an exhaustive accounting of all related costs of renovations anticipated. III. GENERAL CONSTRUCTION The building structure is of concrete masonry with reinforced concrete columns and beams on a reinforced concrete slab on grade. Roof and Floor Construction is of wood joists and occasional steel beams generally protected by plaster board ceilings. Generally, construction is consistent with means methods and standards of care acceptable at the time of construction. IV. GENERAL OBSERVATIONS AS general comments and cost estimates are based on visual observation of all visible building and site elements, architectural components integral to the building structure and industry standards of construction at the time of this report and at the actual time of construction. The following is a summary of architectural observations, suggested repairs, and improvements in accordance with City HEPB-COA, February 2014. A. WALL CONSTRUCTION: i. Masonry Bearing Wails: Built of 8 inch concrete masonry units with reinforced concrete tie beams and columns on spread footings; the overall integrity of the structural shell is good and consistent with building practices of the period. Walls are supported on a concrete spread footing foundation systern on dry compacted fill. There is no evidence of settlement, generally good alignment, no irregularities. Tie Beams, columns and slabs in fair to good condition. Variety of hairline and fine sized cracks were visible on exterior walls. Crawl space under north building has flood vents, condition fair, anticipate some repairs, re -sealing, refinishing. ii. Steel / Concrete Framing Systems, Improvements: There are no existing Steel / Concrete frame systems at the existing buildings. Renovation plans call for a new steel frame entrance canopy at the new lobby. Also the new lobby roof will be framed with a steel joist system. Other remodeling work may employ steel or concrete framing for wall partitions, roof load distribution etc. Once this 3 DB LEWIS-Architect Submitted into the public record fqr item(s) Q L . 15 on 51 . City Clerk system(s) is designed and engineered Owner and AOR will provide estimated cost at time of permitting construction documents. iii. Wood Framing Systems; 1. The existing wood framing of the interior partition walls, roof framing and floor framing is generally of fair to good condition and will remain. Any damaged members to be repaired or replaced with code compliant means and standards including required fire protection for intended uses. Remodeling. renovation plans call for new interior wall framing which will be cost estimated at time of permitting, B. ROOF CONSTRUCTION / Repairs — Improvements: 1. The roof structure, typically good condition, is a wood framed system consisting of 2"x10" at 16" on center, including diagonal bracing, supporting roof decking with a built-up roof membrane BUR. Future re -roofing should be done with a quality BUR membrane product system with minimum sloping to code compliant roof drains or gutters. Evidence of previous roof deck repairs due to roof leaking. All BUR roofing in poor condition, should be replaced. We recommend roof deck repairs, new flashing and replacing all the existing insulation with new R-30 Batts or Blown insulation, to improve energy performance and sound absorption C. WINDOWS /Storefront -Repairs - Improvements: 1. All existing windows of aluminum frames, are double hung, awning. casernent or fixed storefront in good to fair condition. Repair, replace all doors windows in accordance with approved plans using clear, low-e glazing, silver color frames. Operation to be either casement or single hung. Storefront fixed windows in new lobby and restaurant according to approved plans. D. DOORS / Storefront -Repairs - Improvements: We recommend that all existing doors be repaired, refinished and re -sealed including hardware where required for safe security and weather proofing. Storefront fixed windows in new lobby and restaurant according to approved plans. E. EXTERIOR BALCONIES, CORRIDORS, STAIRS / Repairs - Improvements: 1. Existing, exterior corridors, (breezeways) and stairs are to be maintained, repaired and refinished as per plans. 2. A new exterior stair will be built as per approved plans on the west facade of the new restaurant cafe. 3. Existing stairs of the courtyard buildings to be refurbished, refinished. F. DECORATIVE ORNAMENT / Repairs - Improvements: 1. Existing slump brick 'wrapping'. bands at windows to be maintained, repaired and refinished in contrasting color 2. Existing metal railings to be maintained, repaired and refinished as per plans. 3. Artist Mural work: restoration will include integration of a contemporary artists mural work on an accent wall(s). G. SITE WORKS / Repairs - Improvements 1. Perimeter Landscape buffering, hardscape pavers and required maintenance, irrigation to existing. 2. Future resurfacing of parking area and new water fountain terrace paving is planned. 3. The decorative concrete block garden wall at southeast boundary, will be restored and extended eastward, H. ELEVATORS I NIA Currently there is no elevator, nor ADA lift. If futures permit plans integrate a lift. it will be in an interior location and not visible from the exterior facades of the public right-of-way. I. MECHANICAL Systems / Repairs — Improvements: 1. The HVAC system for the motel rooms are thru the wall PTAC units located within the tenant spaces they serve controlled by local thermostat . They are in fair to poor condition and need to be repaired, upgraded. New flush mounted PTACs with architectural grilles are planned in renovations. The HVAC system for the new Lobby wit employ an integrated rooftop unit. The Restaurant and Kitchen spaces will be conditioned with air cooled split air condition units. Hood exhaust, forced air fan units for the kitchen. 2. Existing AC units need testing and provide general maintenance. Clean coils, provide proper supports and hurricane straps. Seal wall penetrations, repair refrigerant insulation, reroute AID condensate drain piping for proper drainage. J. PLUMBING System / Repairs — Improvements: 1. Tenant toilet facilities each includetanktype water closet and pedestal -repair, replace as required. 2. Repair r replace float valve(s). repair leaks on irrigation system, video sanitary piping to verify conditions. 3. Repair / replace hose bibs. patch wall penetration for rain water leader(s). 4. Anticipate tenant demand for ADA compliant toilet facilities. 5. Add new public bathrooms , to serve lobby, and new restaurant /cafe and terraces. 4 DB LEWIS-Architect Submitted into the public record for ite (s on / ZSI`� City Clerk K. ELECTRICAL. System / Repairs — improvements: 1. The main disconnects for the individual units are 100 amps 2. The main disconnects in the meter room were observed to be in fair condition with minor corrosion. 3. There is also a house meter which is not currently used. 4. The electrical ground wire is bonded to ground rods, verify. 5. In general, the main electrical service equipment was observed to be in good condition. 6. Distribution panels are located in each unit are in good condition but missing circuit identifications. Timers at each. 7. Life safety devices consist of exit and emergency lights, to reconfigure with renovations. 8. Repair all conduit raceways. outlets and switches as required. Repair or replace exit/emergency lights as needed, 9. Label and identify all circuits in panels. 10.Expand service to integrate new restaurant, kitchen and lobby. L. FIRE PROTECTION / Life Safety Systems / Repairs — Improvements: 1. Existing Building is Non-Sprinklered; 2. All combustible structural members (floors/ceilings/roof) are generally protected with fire rated ceiling assemblies; UL 1-hour rated compliance should be verified, assured at all penetrations and tenant separations. 3. Functional electronic fire alarms, strobes and pull boxes required to meet current codes; 4. Any/all exposed structural members to receive minimum 1-hour fire protection treatment. M. HANDICAPPED Accessibility / Repairs — Improvements: N/A 1. Public entrance accessible, no repairs required. Future tenant remodeling may require accommodations. N. TOTAL Estimated COSTS of IMPROVEMENTS -Future Addendum: The total cost required to complete the above property improvements and remodeling cannot be compiled until the Owner and Architect's completion of the associated construction building permit documents including required engineering systems and upgrades. Once the plans are completed and permit documents are submitted to City for approval, the cost allocations all the above works will be assessed and submitted as supplement to this report. O. CONCLUSIONS: We recommend that the improvements and scope of renovations within this report be completed within the next 2 years in accordance with current building codes. We conclude from our inspections that the existing building is structurally safe and sound and was built in compliance with the requirements of the City approved plans and specifications. As a routine matter, in order to avoid misunderstanding, nothing in this report shall be construed directly or indirectly as a guarantee for any portion of the structure or for any portion of the systems described. To the best of our knowledge and ability, this report represents an accurate appraisal of the present conditions of the building based upon careful evaluation of observed conditions to the extent reasonably possible. NOTE — See attached BUILDING SYSTEMS MAINTENANCE SCHEDULE 5 DB LEWIS-Architect Submitted into the pub is record for iterp(s) V Z. 15 on 5 / LS l 17 . City Clerk (preliminary) MAINTENANCE SCHEDULE REPORT P. BUILDING SYSTEMS MAINTENANCE SCHEDULE — The following schedule is preliminary and if substantial variations in scope or actual conditions are introduced or discovered at the time of work, this report will be updated at the time of permitting. The updated report will be prepared and submitted to the City— HEPB Officer for approval at the time of Owner and Architect's completion of related Construction Permit Documents. Here attached is the preliminary report with estimates for related building systems upgrades and replacements anticipated for the extensive remodeling and renovations currently planned. Systems will be upgraded and or replaced anew with full warranties and recommended maintenance schedules. NOTE: TDR Vouchers; The Property is entitled with TDR Vouchers as follows: 459,528 SF See TDR-2014-04 Certificate of Eligibility (COE), attached; ( of which, 90,128 SF will be maintained, reserved on the property as guarantee to complete the improvements, and final Maintenance Schedule Report as per Chapter 23 of City Code) Q. RESERVE MAINTENANCE SCHEDULE of NEW BUILDING SYSTEMS NOTES: 1) This report is to be read in accordance with the attached, related Existing Conditions and Improvements Report. 2) All Deficiencies described in the Existing Conditions Report will be addressed upon Owner and Architect's completion of related construction permit documents. 3) Note that actual maintenance costs and start dates may fluctuate depending on numerous conditions including but not limited to: revisions in scope of work, tenant usage and annual weather conditions. Scope of Work: As per approved plans and attached Existing Conditions and improvements Report, the following estimated Reserve Maintenance Schedule of new Building Systems should be allocated: Discipline Status Estim./New Estim./Exist. Cost Annual Monthly Existing Useful Life Remaining Life Replacement Reserves Reserve Electrical Fair 40 yrs 5 yrs $ 180,000.00 $ 32,000.00 $ 2666.66 HVAC Fair 30 yrs 3 yrs $ 140,000.00 $ 46,666.66 $ 3888.90 Plumbing Fair 40 yrs 3 yrs $ 210,000.00 $ 70,000.00 $ 5833.33 Roofing Poor 30 yrs 3 yrs S 110,000.00 $ 22,000.00 $ 1833.33 Doors & Windows Fair 30 yrs 5 yrs $ 200,000.00 $ 40,000.00 $ 3333.33 Total $ 840,000.00 $ 242,666.66 $ 17,555.55 R. CYCLICAL MAINTENANCE At building equipment, systems and building envelop as wet as ancillary building components such as signage will be maintained regularly and undergo cyclical maintenance as specified in the manufacturer's equipment warranties and suppliers recommended maintenance specifications. The Owner will retain a current file of warranties and maintenance specifications including City required permit documents, and inspection logs for future reference. Inclusive to this maintenance program will be general repairs and refinishing of the building's exterior shell including but not limited to: minor stucco repairs, fascia and soffet repairs, window caulking and refinishing in good condition the exterior facades in terms of architectural aspect as well preventive protection against weather damage. 6 DB LEW1S-Architect Submitted into the public record fpr iteatri (s) 7,, on 5 175 (I 7 . City Clerk S. 40 YEAR RECERTIFICATION The building's structural shell and building systems such as electrical service will undergo full inspections and reports as required and specified in the Citys procedures for the 40 Year Recertification. T. PROCEDURES & LIMITATIONS On -Site evaluations of the property have been performed by our team to determine the condition of various components. We were able to gain access to most of the accessible building areas and the exterior grounds of the property. We did not remove any construction materials to inspect underlying structure. LIMITATIONS: Our observations are not intended to warrant or guarantee the performance of any building components or systems. This Report is not an environmental impact report and does not confirm the absence of asbestos, PCB's or toxic soils on the property. All representations are good faith observations to existing conditions prior to renovations. Repair and Improvement cost estimates will be based on approximate quantities and industry standard costs of material and labor available at the time of estimating. This Report is not a detailed survey of quantities for hard construction cost estimating. The author does not warrant nor guarantee that these good faith cost estimates represent an exhaustive accounting of all related costs of renovations anticipated. 7 LIST OF PLANS GO COVER SURVEY •POR REMENCE QEV M01 ASEREVNTIONS NPOENOS AGM GENERAL MOTES,ZGMNGLEGNID ASO EISTIO SITE R/DTO5 A0.01t EXISTING J<NBTOMOVIE MOTOR ROOM EXISTING MALMO SIEMTLOW&VEINS MUK EMMTRG i MOROOW&VIORIOAREA PMQRAAR MOt EXIETPAIOEMD RITE GRQAD FLOOR DIAGRAM ALA EXIRTINOMEO&MOHO FLOOR DIAGRAM 0101 &D RENPERIMOS RMiAG DP RENDERINGS wtm 90 RENDERING& A10T PROPOSED ISM miWNO FLOMDiAGRAU ALA2 PROPOSED SECOND FLOOR DIAORMI ALOT PROPOSED ELEVATIONS&MATERIALS Submitted into the pub record r iteZ(s) S %h / 1 1 on City Clerk BAYSIDE MOTEL 5101-5125 BISCAYNE BLVD., MIAMI, FL 33137 SCOPE OF WORN EXTERIOR FACADE RENOVATION OF HISTORIC MATO MOTEL., ADOMON OF NEW LOBBY ATRIUM. RESTAURANT, 8 SITEWORX. SCOPE INCLUDES: 1. PATCH. REPAIR & REFINISH ALL FACAOES WITH MIND COLORS. MMIMEO. 2. REPLACE EXISTING WINDOWS 8 DOORS WITH NEW MIAAAOAEAPPROIIED IMPACT RESISTANT WINDOWS & DOORS W HISTORIC WALL OPEN-LOi. 9. DEMOLISH COSTING. L0801'8 REPLACE WITH NEW OOUSIMSTTMIT LOST ATRIA. 4. DEMOLISH EXISTING GNE.^TORv STRUCTURE ON SCOIRWEST COMER OF UN i REPLACE WITH NEW RESTAURANT 8 SARICAFE TERRACE ABOVE 5. CONSTRUCT NEW SWIMMING POOL 8 FOUNTAIN IN SOUTH COURTYARD, &MEMTO ORIGINAL HISTORIC POOL. G. RENOVATE EXISTING COURTYARDS 7 LANDSCAPING. PAVING i SDEWORN AS SHOWN ON PLANS. PROJECT# 1311 HISTORIC & ENVIRONMENTAL PRESERVATION BOARD SUBMITTAL: 01.10.2014 FOLIO # 01-3219.018.0070 FOLIO # 01-3219-017-0090 OWNER INFORMATION: BAYSIDE 5101, LLC DBLEWIS-ARCHITECT T S.}24)922-NTL. 5910 N. BAYSHORE DR. MIAMI, FL 33137 T 305.456.7252 M 766.359.6632 dewisarchagrnaLcom mm.40182.ue DBLEW1S ARCHITECTURE 8 DESIGN 1311 1 BAYSIDE MOTEL ITEM 4 Submitted into the public record � 9r ite (s) Pt, on Z51 11 . City Clerk HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD STAFF REPORT NAME MiMo Historic District ADDRESS 5101-5125 Biscayne Boulevard PROJECT DESCRIPTION Application of a Certificate of Appropriateness for restoration, partial demolition, and new additions to a motel ANALYSIS This two-story motel in the MNlo Historic District was built in 1952 in 1 a simple Mid-century Modern design. The motel is listed as a contributing building. The property appears to have originally been two separate motel or apartment building structures that were later modified through the construction of a one-story entrance lobby that attaches the two structures together, as well as the alteration of the roof of a one-story wing at the southwestern corner of the property, fronting Biscayne Boulevard. Character -defining features of the property include applied brick bands between the windows, applied brick detailing on the columns, a "MiMo" style sign structure and original neon "Motel" sign, courtyard shape buildings, and a decorative concrete block garden wall along Biscayne Boulevard. The proposed scope of work is as follows: • Restoration and interior remodeling of existing courtyard buildings • Demolition of the non -historic one-story entrance lobby and the altered one-story wing at the southwestern corner of the property • Construction of a double -height atrium lobby in place of the existing entrance lobby • Construction of a restaurant cafe addition in place of the existing one-story wing at the southwestern corner of the property Repair and refinishing of all stucco walls Installation of new doors and windows The following Secretary of the Interior's Standards apply in this case: 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity and its environment. Some relevant excerpts from the MiMo Design Guidelines include: Additions: • The addition should be consistent / compatible with the original building's scale, form and massing. • New materials should be used but should be compatible with the surrounding buildings and the original building. If the same materials February 4, 2014 Page 1 of 2 ITEM 4 Submitted into the public record fq r ite (s) VL, 15 on 61 t5 in`) City Clerk are used, care should be taken to distinguish them from those used on the main building; frequently that is accomplished by the stylization of ornamentation, the use of a different pattern in the fenestration, and by setting the addition back from the main mass of the building. • The scale of the new addition should be subordinate to the main structure so it does not overwhelm or affect the character of original building or the street. • The height of the new addition should relate to the main structure and to its surroundings. • It is always preferable to locate the addition behind the main mass of the original building. Surface Ornament/Applied Decoration • Details are especially important to historic buildings. Applied omament, cast ornament, and any other designed surface treatment should be retained and repaired if necessary. When the ornament is lost, vintage photographs should be useful in designing a stencil or form from which the piece can be recast. No reflective or tinted glass should be used; all glass should be clear. Low "E" glass is acceptable without color. All mechanical equipment, including air conditioning compressors, electrical boxes, solar panels, etc. should be located away from the Biscayne Boulevard side of the building. A multi -layered landscape buffer of palms, trees, shrubs, and/or groundcover shall be planted between residential and commercial land uses. No spillover lighting shall be allowed. Lighting fixtures shall be full cut off style. RECOMMENDATION The Preservation Office, in accordance with the Secretary of the Interior's Standards and the City of Miami Design Guidelines for Historic Resources, recommends that the application for a Certificate of Appropriateness for alterations to two commercial buildings be Approved with Conditions. The conditions are as follows: 1. The window design shall reflect a historic window type found on 1950s motels, which can include divided -light steel casement, awning, or jalousie windows. Frames shall be silver in color and glass shall be clear. Operation type may be casement or single - hung. 2. All applied brick details shall remain intact, including on window bands and columns. These features shall be painted a contrasting color. 3. The decorative concrete block garden wall fronting Biscayne Boulevard shall be retained. 4. Original railings shall be retained. 5. All signage, lighting, site work, fencing, and landscaping shall be subject to HEPB approval. 6. All mechanical equipment, including air conditioning compressors, electrical boxes, solar panels, etc. shall be located so that it is not visible from the public right-of-way. February 4, 2014 Page 2 of 2 CERTIFICATE OF TRANSFER City of Miami Transfer of Development Rights for Historic Resources Submitted into the public record fq r iter�p;(s) c t, 15 on 5 (Z 5 ! 1 '1 City Clerk 1111111 Hill 111111111111111111111(1111111 Ills CFH 201.5F:0513017 OR BK. 29731 Pss 3390-3394 (5P9s) RECORDED 08/10/2015 12:1/:4 HARVEY RUVIN, CLERK, OF COURT MIAMI-DADE COUNTY; FLORIDA THIS INSTRUMENT PREPARED BY: CITY OF MIAMI HISTORIC PRESERVATION OFFICER MIAMI RIVERSIDE CENTER, 3RD FLOOR 444 S.W. 2ND AVENUE MIAMI, FLORIDA 33130-1910 (Form DR 219) Space Above This Line For Recording Data Certificate No. TDR-COT-29 Page 1 Date Issued: 1 ,3t ,15 This Certificate of Transfer is issued by the City of Miami, Florida pursuant to Sec. 23-6 of the City Code of Ordinances of the City of Miami, as amended, and Certificate of Eligibility TDR-COE-18 (formerly TDR-2014-041 issued on March 25, 2014 which identified 459.528 square feet of development rights as eligible for transfer. This Certificate of Transfer authorizes the transfer of 39,739 square feet of development rights (a/k/a "Transfer of Development Rights") from 5125 and 5101 Biscayne Boulevard, Miami, Florida (a/k/a "the Sending Site ") , leaving 119,469 square feet of excess development rights remaining at the Sending Site. Sending Site Site Name: BAYSIDE 5101 LLC Owner Name: BAYSIDE 5101 LLC Address: Parcel 1: 5125 Biscayne Blvd., Miami, Florida 33137 Parcel 2: 5101 Biscayne Blvd., Miami, Florida 33137 Owner Address: 7272 NE 6th Court, Suite 4, Miami, Florida 33138 Folio: Parcel 1: 01-3219-017-0090 Parcel 2: 01-3219-018-0070 Date of Construction: 1952 Legal Description of the Property : See Exhibit "A" Date Designated: June 6, 2006 (Resolution HEPB-2006-59) Renovations / Alterations: Special Certificate of Appropriateness HEPB-R-14-006 Previous Certificate of Transfer Certificate of Eligibility TDR-COE-18 Square Footage Eligible: 459,528 SqFt. COT Number Address(es) of Previous Receiving Sites: SqFt Transferred SqFt Remaining TDR-COT-2014-04 3635 NE 1'` Ave., 3604 NE 1n Ct., 3620 NE 1" Ct. 107,000 352,528 TDR-COT-2014-04(a) 824 S. Miami Ave., 850 S. Miami Ave., 29 SW 9 St., 37 SW 9St., 55 SW 9 St., 61 SW 9 St. 122,306 230,222 TDR-COT-20 1010 SW 2"d Avenue & 228 SW 10 Street 71,014 159,208 QTY of MIAMI DEPARTMENT OF PLANNING AND ZONING HISTORIC PRESERVATION SECTION 444 SW 2ND AVE 3RD FLOOR MIAMI, FL 33130 W W W.I-IISTORICPRESERVATIONMIA1 e.ODM MIA 184716888v1 Book29731/Page3390 CFN#20150513017 Page 1 of 5 STATE OF FLORIDA Submitted into the public record for ite (s) Q , on �5 11,3 /l1 City Clerk CERTIFICATE OF TRANSFER City of Miami Transfer of Development Rights for Historic Resources Certificate No. TDR-COT-29 Page 2 Receiving Site Project Name: Park Grove Owner Name: 2701 Bayshore Venture, LLC Address:''' ' 2701 South Bayshore Drive, Miami, Florida 33133 Owner Address: 2665 South Bayshore Drive, Suite 1020, Miami, Florida 33133 Folio: 01-4121-384-0010 Amount of TDRs Received: 39,739 sq. ft. Legal Description of the Property : See Attached Exhibit "B" Amount of TDRs Remaining to be Used on Future Receiving Sites: 119,469 sq. ft. City of Miami Historic Preservation Officer (ALIja.. Citypf Miami Zoning istrator a-rthc S. fityd+4s ) ) SS COUNTY OF MIAMI-DADE ) L� ,NU t-+1 -Li; I f Date 2t/%5 Date ffttt The foregoing inArument_vias acknowledged before , 2015 by RI f3�4n M*I- as PRESERV MIAM, a municipal corporati has produced oath. of the State of Florida, who i as identificati V SIDN i EE 172BE1 - EXPIRES: Wm/ 2S, 201E 3 Or Badeiarie gelica 75 *N MIA 184718888v1 Printed Name: Notary Public CITY OF MIAMI DEPARTMENT OF PLANNING AND ZONING HISTORIC PRESERVATION SECTION 444 SW 2ro AVE 3RD FLOOR MIAMI, FL 33130 W W W.HISTORICPRESERVATIONMIAMI.00M me this 31 day of f THE CITY OF e or who who did/did not take an Book29731/Page3391 CFN#20150513017 Page 2 of 5 Submitted into the public record fpr iter(s) V1,15 on 511,5 1 fl . City Clerk GT GreenbergTraurig Iris V. C.carra Tel 305,5 79.0 737 Fax 305.579.0717 January 6, 2017 VIA HAND DELIVERY Megan Cross Schmitt Preservation Officer City of Miami Planning & Zoning Department 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Special Certificate of Appropriateness Application / Bayside Motor Inn Motel / 5101-5125 Biscayne Boulevard, Miami, Florida (Folio Nos. 01-3219-018-0070 and 01-3219-017-0090) Dear Megan: Our firm represents 5101 RE CO, LLC (the "Applicant") in connection with the proposed restoration of the Bayside Motor Inn Motel located at 5101-5125 Biscayne Boulevard, Miami, Florida (the "Resource"). We are pleased to submit this letter of intent together with the enclosed materials, which collectively detail the particulars of the Application for a Special Certificate of Appropriateness for restoration, partial demolition, and addition to an historic resource (the "Application"). As you are aware, the City of Miami's (the "City") Historic and Environmental Preservation Board ("HEPB") adopted Resolution No. 2014-006 (the "2014 Resolution") approving a Special Certificate of Appropriateness for the restoration, partial demolition and new addition to the Property. A copy of HEPB Resolution No. 2014-006 is attached as Exhibit "A." Please accept this letter of intent, together with the enclosed application and site plan prepared by Urban Robot Associates. dated January 6, 2017 (the "Site Plan"). as the Applicant's request for approval of certain modifications to the plans approved by the 2014 Resolution (the "Proposed Restoration"), Because the proposed modifications. as depicted in the Site Plan, are in accordance with the Secretary of the Interior's Standards and the HEPB approved Miami Modern (MiMo) design guidelines, the Applicant respectfully requests that you approve this Application. I. The Property The Property is located within the City's MiMo / Biscayne Boulevard Historic District ("MiMo"). More specifically, the Property is located on Biscayne Boulevard between NE 51 st and 52nd streets. e a • «i F ORME:, S AT LA* • 3;'. S r -n[i Av,,r a,._ , FI 33os• :12333 _' 3U ..,� ,• 1105..59.(,7;,: Ms. Megan Cross Schmitt January 6, 2017 Page 2 Submitted into the public record f9r ite(s) Q t r 15 on 511,5 l 11 . City Clerk Under Miami 21, the Property is zoned T4.0. Based on the information found on the Miami -Dade County Property Appraiser's Office website, the Property consists of a total lot area of 29,360 square feet or 0.67 acres. The Resource is a contributing structure located within the MiMo District. as depicted on the MiMo District's contributing structures map. attached as Exhibit " B." The Property is currently improved with the Resource (a two (2) story motel built in 1952 in a simple mid-century modern design) and a separate non-contributing structure which is attached to the Resource by a one (1) story entrance lobby. '7 IL. Proposed Restoration As depicted in the Site Plan. the Proposed Restoration consists of the restoration of the historically significant mid-century modern exterior features of the Bayside Motor lnn Hotel, the demolition of the non -historic portion of the Property and the addition of a new three (3) story structure containing retail and office uses (the "Proposed Addition"). The Proposed Restoration also includes an underground parking garage and a new lobby that will connect the Resource and the Proposed Addition. The Proposed Restoration will preserve and restore the Resource's principal historic features and decorative elements. As detailed on the Site Plan. the Proposed Addition has been designed to he compatible with other structures within the MiMo District and will further enhance the historic fabric of Biscayne Boulevard and the MiMo District. The Proposed Addition will contribute to the MiMo District's diversity of design and serve as an example of modern architecture which not only respects but enriches the Mimo District's historic and cultural heritage. Pursuant to Section 23-6.2(h), alterations shall not adversely affect the historic, architectural, and aesthetic character of a historic resource. The Proposed Restoration will enhance the historic, architectural and aesthetic character of the Resource and the MiMo District at large. The Proposed Restoration will restore the Resource's original appearance in material, design, color and texture while the Proposed Addition will serve to enhance and highlight the Resource and its architectural and historical importance. Should you have any questions or require additional information, please do not hesitate to contact us. As always, we look forward to working with you and your staff as we move through this process. Rem ids, 14 Iris V. Escarra MIA 185679682v1 6RE.ENRE.G Tr: Ai ?A - AT r,71;iniP , 4rii .+ • v,,pVNit;71A14`.:.p.A • Exhibit "B" ti+ X CITY OF MIAMI MIMo HISTORIC DISTRICT ii:: 11E1 NE Zip NE1/IST TER I11 1- C11ff' -a li tl 7 —Fr -kIllIJ41P: Niiu:■ 111=, 11=1`` N 48 NE6OTH TER UNNAMED dII INUI/pl•. _HNBh/IN/ l1,1e114e 1111 14•1:e1' .. .1.0■NU... Ia.7:IrwY ,10 Utica 11 II > 1. n n w 7 ' --1iu11u11 111•11i 1 T 5 J ri,1f el NE 54TH ST Lagand ■■. * M • MiMo_Boundary MIMo Join Contributing and Non Contributing all VNon-Contributing MMo_PaloeY li z IilAYa4J n ■ i 1111111 1 1111111 1111112 1/111111 NINII HIM 1 1111111 NMI 111111 r 1111 11 Mit �1 r - iiwr IiB 2 1111 111111 1N11: 1 w 1Rni 111U■11- 111 II11I ,I 111111 1111111 JJ 4 1 ij 1i 1�(I!,!sf'I1�f II i `�1111■gin" r ,I IUli11 it ■ ��,.$I■R111 Ulan S H 11 °; 41111■ . JA i l Q c .= TIL og siva 5l IFI�T aIIIU 11■■i' II_ MUM ER SSTH TER { w fill►11 NE 55TH ST 1 MU BEM /M■■NN I/IIiII U z f lao-_, It �li Ili11, ."1 E A :31N N IIrMNNIN foniM etigivirviama 5 11 El OWN(4k 160 320 640 Fee t l I 1 1 Created by City of MS ,J Planning DepedmeM. DJ.w n/nEPMI; OR\ DI,RI� IMa/MIMO II !I JE Staff: TI Application received: 1/6/17 CITY OF MIAMI PLANNING DEPARTMENT Submitted into the public record fgt. iter s on 5 11,6 i . City CItf1�l Staff Report & Recommendation To: Chairperson and Members Historic Environmental Preservation Board From: Megan Schmitt Preservation Officer Applicant: Iris Escarra, Esq., representing owner, 5101 RE CO, LLC Subject: Item No. 10 — 5101 and 5125 Biscayne Boulevard H The applicant, Iris Escarra, Esq., representing owner, 5101 RE CO, LLC, of the subject property which contains a contributing and a non-contributing building located in the MiMo/BiBo Historic District is requesting approval for the renovation of the contributing structure, demolition of the non-contributing structure, and the new construction of a three-story commercial building. BACKGROUND: This is a new application. This property had previously applied for a Special Certificate of Appropropriateness in 2014 for the renovation of both structures, partial demoltion, the construction of a one-story wing on the southwest corner of the contributing structure, and a new addition between both structures to replace the existing entrance. This plan was approved under HEPB-R-14-006. THE PROPERTY: The subject property is a two-story contributing motel built in 1952 on the south end of the block (5101) and a two-story non-contributing motel structure on the north end of the block (5125) with a one-story entrance lobby connecting these structures. CURRENT PICTURE: No Historic Photo Available HEPB- FEBRUARY 7, 2017 Page 1 of 5 finin mifiliMEIB SOB ` * _ 511 F y NEM MIN 121111115111 1111511/1011111 womm Staff: TI Application received: 1/6/17 Submitted into the public record f)r ite (s) on 5 City Clerk ANALYSIS: The subject property is located on Biscayne Boulevard between NE 518t Street and NE 52 Street. Plans call for the renovation of the contributing structure on the south side of the block, demolition of the non-contributing structure on the north side of the block, and the new construction of a three-story commercial building. Renovation of 5101 Biscayne Boulevard The Preservation Office does not have a historic photo for this structure and therefore cannot confirm whether or not certain features have been modified over time or not. In the property record card shown below, the layout of the property in a courtyard formation, and currently remains in this configuration. HEPB- FEBRUARY 7, 2017 Page 2 of 5 , Submitted into the public record f9r item(s) 'ill. 15 on 5 17,51 11 , City Clerk Staff: TL Application received: 1/6/17 Elevations show the replacement of all doors and windows. New doors will be a mixture of clear glass storefront doors and windows will be mixture of casement and fixed windows with muntins to imitate awning windows. Renovations will also include the removal of the existing in -wall air conditioner units and repairs to exterior walls. Exterior walls will be painted white with a blue accent color for the trim. Elevations do not show the existing applied brick shutters or the brick veneer covering the colums, however these elements must remain. The existing railings that line the staircases leading up from the courtyard and surrounding the second floor balconies must be salvaged and re -used. In areas where there is to be new railings, this design must be replicated. There is also a small portion of a decorative concrete block garden wall that also must be retained. Plans include the partial demolition of the contributing structure to remove the one-story wing located on the southwest corner of the historic structure. In the same location, a new one-story wing will be constructed with a curvilinear shape. This portion of the project proposal replicates the plan that was presented to the HEPB in 2014. The exterior wall of this new addition will be almost entirely covered in storefront glass and will provide a new exterior staircase on the front of the structure that provides access to a second floor outdoor dining terrace. The exterior staircase will be partially painted the blue accent color also contain a new sharkfin sign to display the name of the hotel. Covering the outdoor dining terrace is a free-standing concrete canopy that will be planted with a golden creeper vine. Staff would recommend that the proposed addition more closely identifies with the historic plan that is shown in the property record card and retain the square shaped plan, rather than a curvilinear plan. Staff asks that the applicant retain the original sign structure and to use open face channel letters to depict the name, Bayside Motor Inn. Demolition of 5125 Biscayne Boulevard, New Construction of three-story Commercial Building As shown on the map within the designation report, the structure located at 5125 Biscayne Boulevard on the northern corner of this project site, was determined to be non- contributing to the MiMo/BiBo Historic District. The applicant is proposing to demolish this structure and the current one-story connection between both buildings, and to construct a new three-story commercial building. Inspired by breezeblock, the main focal point of the new construction project will utilize an enlarged version of a brise soleil, providing a modern take on a familiar MiMo pattern to form the texture of the exterior stucco wall. The footprint of this structure is set in the same location as the existing structure, however utilizes an undulating storefront design on the ground level — with the storefront doors set at an angle to access the retail spaces. Above the ground floor, the exterior of the structure is primarily focused on the enlarged brise soleil with rectangular windows set beyond. The extruded form reaches outward and HEPB- FEBRUARY 7, 2017 Page 3 of 5 Submitted into the public record foir ite (s) t5 on 51 15 i I City Clerk Staff: TL Application received: 1/6/17 is painted white, with a background of the glazing and gray stucco. Glazing on the exterior forms four rows of windows, however the interior space accommodates two floors of commercial space. Overall height to the top of the roof level is 35'-0", which is in line with the MiMo new construction guidelines. On the top of the structure, mechanical equipment and bulkheads are centered on the roof deck and screening is shown on the elevations — both blocking the view of the rooftop appurtances from street level and surrounding structures. On the rear of the structure, glazing is the primary feature. Staff would recommend that the applicant provide an interior or exterior shade treatment to prevent light spillage from the interior spaces into the adjacent residential neighborhood. Acting as a connection between the historic structure and the new construction project, a new two-story glass and stucco structure is provided. This connector is setback from the main facade and will provide ADA access to the second floor of the historic structure. Overall, staff is supportive of this new construction proposal and believe it successfully captures the requirements of the Secretary of the Interior Standards for new construction in a historic district. Site Improvements New landscaping and paving is provided throughout the property. Plans show a variety of tree species that are to be planted in new MiMo-esque planters. Along the rear property line, an existing stucco wall will remain along with many of the existing trees and will be filled in with a generous portion of additional landscaping. Spot and well lighting is shown within the landscape plans, which allows for highlights to the built and natural features of the site, however plans do not show lighting for the parking lot. Any pole lights that are proposed for the site are limited to a height of 18'-0" and must be warm in color. Underground parking will be installed under the new construction project, with access provided from an entrance off of NE 52 Street into the rear parking lot, and a ramp that is located in the center of the project site. STAFF RECOMMENDATION: The Preservation Office recommends that the application for a Special Certificate of Appropriateness for the renovation of the contributing structure, demolition of the non-contributing structure, and the new construction of a three-story commercial building be approved with conditions. 1. All glass shall be clear with the option of Low-E. 2. Applied brick shutters and the brick veneer covering the colums must remain. 3. The existing railings that line the staircases leading up from the courtyard and surrounding the second floor balconies must be salvaged and re -used. In areas where there is to be new railings, this design must be replicated. HEPB- FEBRUARY 7, 2017 Page 4 of 5 • Submitted into the pub,c record foritei (s) )7_4 15 on S LS 19 . City Clerk Staff: TL Application received: 1/6/17 4. The existing decorative concrete block garden wall must be retained. 5. Provide a square shaped plan for the new addition on the historic structure, rather than a curvilinear plan. 6. The original sign structure must be retained and use open face channel letters to depict the name, Bayside Motor Inn. 7. Applicant to provide an interior or exterior shade treatment to prevent light spillage from the interior spaces into the adjacent residential neighborhood. 8. All lighting on the exterior of the property and in the parking lot shall not be higher than 18'-0" in height and be warm in color. 9. This Certificate of Appropriateness is subject to approval by zoning, building, and all other required city departments. HEPB- FEBRUARY 7, 2017 Page 5 of 5 F.E.C. Corridor Historic Resources Documentation Form City of Miami, Miami -Date County, Florida ............ .... Site Name Bayside Motor Inn FMSF # (If applicable): Address 5101 Biscayne Boulevard Folio Number 0132190180070 Construction Date 1952 Brief Architectural Description This building Is a representative example of the 1950s Motel deeir. Statment of Significance This motel retains its integrity and is representative of the architecture of the Biscayne area. Additionally, it is historically associated with the development of the Bis one area. Therefore, this building is considered a contributing resource within th proposed Biscayne Historic District. Research Methods: Mtaml-Dade Public Library, Historical Museum of Southern Florida, Occupant and Informant Interviews, Florida Online Photographic Archives Date Prepared: 10/29/03 2935 1st Avenue North St. Petersburg, FL 33713 727-821-7600 voice 727-822-2368 fax Submitted into the pu p is record for ite (s) on 5115 1 City Clerk 146 Maderia Avenue Coral Gables, FL 33134 305-446-7470 voice 305-446-5212 fax Submitted into the pubic record cor it (s) Vtf t5 on 5125 111 . City Clerk FOLIO # 132190180100 BAYSIDE MOTOR INN 5101 BISCAYNE BOULEVARD 0 0.005 0.01 0.02 0.0M.les F.E.C. Corridor Historic Resources Documentation Form City of Miami, Miami -Date County, Florida Site Name Bayside Motor Inn FMSF # (If applicable): Address 5125 Biscayne Boulevard Brief Architectural Description This building is a.m3respntative example of the 1950s Motel design. Statment of Significance This motel retains its integrity and is representative of the architecture of the Biscayne area. Additionally, it is historically associated with the development of the Biscayne area. Therefore, this buiidina is considered a contributing resource within the proposed Biscayne Historic District.. Folio Number 0132190170090 Construction Date 1947 Research Methods: Miami -Dade Public Ubra , Historical Museum of Southern Florida, Occupant and Informant Interviews, Florida Online Photographic Archives Date Prepared: 10-f2993 2935 1st Avenue North St. Petersburg, FL 33713 727-821-7600 voice 727-822-2368 fax on Submitted into the public record for ite (s) 25 h _• City Clerk 146 Maderia Avenue Coral Gables, FL 33134 305-446-7470 voice 305-446-5212 fax Submitted into the publ' record fpr ite (s) Z, i5 on 51 Z5 )7 . City Clerk PIStpgraptii.. FOLIO # 132190170100 BAYSIDE MOTOR INN 5125 BISCAYNE BOULEVARD NE 52NQ T I 0 0.005 0.01 0.02 0.03 Miles FOLIO # 132190170100 BAYSIDE MOTOR INN 5125 BISCAYNE BOULEVARD NE 52NQ T I 0 0.005 0.01 0.02 0.03 Miles Submitted into the public record for itein (s) Z • 15 on 5 / Z5 1 I 1 . City Clerk BISCAYNE BOULEVARD HISTORIC DISTRICT Designation Report City of Miami S BISCAYNE BOULEVARD HISTORIC DISTRICT I it IMP ma_, le,ram �� arm ter+ ' fsInas ems MOM — umeir 11�,.. t MN filingalittlial- Zile MOM SEM tumor S U Jl 111111111 o 0 location 0 1 4 Legend Biscayne Boulevard Historic District caMContributing Resource Non -Contributing Resource ED site plan — north boundary 5 NE 4TH AVE --1 ----- • , -••T 1 Legend ---------- ._,,,,I___i___1-,.,,-,..:,E Biscayne Boulevard Historic District : --1'- f 1 Contributing Resource ---- Non-Contributing Resource site plan — south boundary 6 Contributing and Non -Contributing Structures 5000 Block of Biscayne Boulevard 5020 Biscayne Blvd. Office 5040 Biscayne Blvd. Retail 5046 Biscayne Blvd. Office 5050 Biscayne Blvd. Office 5050 Biscayne Blvd. Office 5051 Biscayne Blvd. Bayshore Lutheran 5061 Biscayne Blvd. 5061 Biscayne Blvd. 5080 Biscayne Blvd. 5084 Biscayne Blvd. 5100 Block of Biscayne Boulevard 5101 Biscayne Blvd. 5120-42 (5126-32) Biscayne Blvd. 5125 Biscayne Blvd. 5200 Block of Biscayne Boulevard 5201 Biscayne Blvd. 5215 Biscayne Blvd. 5220 Biscayne Blvd. 5255 Biscayne Blvd. 5250 Biscayne Blvd. 5300 Block of Biscayne Boulevard 5390-98 (5398) Biscayne Blvd. 5305 Biscayne Blvd. 5400 Block of Biscayne Boulevard 5400 (5402) Biscayne Blvd. 5445 Biscayne Blvd. 5500 Block of Biscayne 5501 Biscayne Blvd. 5555 Biscayne Blvd. 5599 Biscayne Blvd. 5600 Block of Biscayne 5600 Biscayne Blvd. 445 NE 56th Street (5601 Biscayne Blvd.) 5615 Biscayne Blvd. 5631 Biscayne Blvd. 464 NE 57th Street Boulevard Boulevard Evangelical Church Office/Retail Parking lot Retail Retail Bayside Motor Inn Office/Retail Bayside Motor Inn Former Cadillac Motel Budget Inn Motel Maule Building Best Value Inn Parking lot Restaurant Apartment Gas Station Former motel Former motel Office Office General Tire Former residence Residential Former residence Residential Submitted into the public record fol.iten (s) Q'L, 'i on Z3 1 11. City Clerk 1949 1946 1950 1952 1968 1946 1947 1946 1950 1952 1950 1947 Contributing Contributing Contributing Non-contributing Non-contributing Contributing Non-contributing Non-contributing Non-contributing Non-contributing Contributing Contributing Contributing 1947 Non-contributing 1947 1952 1947 Contributing Contributing Contributing Non-contributing 2002 Non -Contributing 1947 Contributing 1956 Non -Contributing 1954 Non -Contributing 1947 Contributing 1973 Non -Contributing 1952 Contributing 1954 Contributing 1929 1974 1938 1960 Contributing Non -Contributing Contributing Non -Contributing 23 Submitted into the pub, I record for it'(s) Original Message on 5 I Z5 I I 1 . City Clerk From: Toranzo, Vickie <vtoranzo(a�miamigov.com> To: Deborah Stander <debstander(cdiaol.com> Sent: Fri, May 19, 2017 11:40 am Subject: FW: PRR 17-334 Adoption of HEPB Resolution 2006-59 (Item 14) Good morning Debby, We have not been able to determine what version of the report went before the Board. We have only been able to determine which version went before the City Commission when a specific property appealed a decision by HEPB. I believe that version was sent to you in a previous email, along with the minutes. If you do not have that, please let me know and I will forward. Best, Vickie From: Toranzo, Vickie Sent: Friday, May 19, 2017 11:22 AM To: Meaux, Maria <MMeaux(amiamigov.com> Cc: PublicRecords <PublicRecord,s d),miamigov.co n> Subject: RE: PRR 17-334 Adoption of HEPB Resolution 2006-59 (Item 14) Good afternoon, Files in the Preservation Office do not indicate what version of the Designation Report was reviewed by HEPB. Debby is more than welcome to come in and review the file pertaining to this meeting. Thank you, Vickie From: debstander@a�aol.com [mailto:debstander(djaol,co n] Sent: Thursday, May 11, 2017 12:09 PM To: PublicRecords <PublicRecords@miamigov.com> Cc: Toranzo, Vickie <vtoranzo ,miamigov.com> Subject: Request for Public Records Relating to HEPB Resolution 2006-59 Pursuant to Article I, section 24, of the Florida Constitution, I am requesting electronic copies of the following public records, to wit: Submitted into the public record for item (s) on 5 I t5 i . City Clerk Any or all MiMo/Biscayne Boulevard Designation Report(s), considered or voted upon by the Historic and Environmental Preservation Board prior to or at the time of its June 6, 2006 meeting in connection with agenda item 14 -- Adoption of HEPB Resolution 2006-59 -- Designation of the MiMo/Biscayne Boulevard Historic District. A link to the Minutes of the aforementioned June 6, 2006 meeting may be found here (please see specifically item 14). http://wtiyw.historicpreservationmiarni.com/Minutes/2006/060606Minutes.pdf Should the documentation or files relating to the said Resolution 2006-59 prove to be extensive, I would be happy to be given the opportunity to examine the records in person. Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial, as required by s. 119.07(1)(d), F.S. I will contact your office within one week to discuss when I may expect fulfillment of my request, and payment of any statutorily prescribed fees. If you have any questions in the interim, you may contact me at 786-391-3993. Many thanks for your help, Deborah Stander 830 NE 74 Street Submitted into the put i� record or itqm(s) YYI 15 on jjS � 11 City Clerk MiMo/BISCAYNE BOULEVARD HISTORIC DISTRICT Designation Report r+.,�YI ,�i�.a .rrrrrr =.rr IIII `••F � City of Miami L r.~ , ,a i—J• I I I 1 I, , II }u_ iI .l -1 11 ,f 11 1 , i 1w r 1 4=_1- it I i u_ I:E I I I � 1 ,' --I I �!..-I'Mi¢-„ Al '' , 4=r* J Y -ter — - _ I- , 1 } , - I I 4, i u t f r. _ I .. ,L:': I II �' ' I_ Ifl I I 1 ,� r L_ - -- - - 1_1 - i1 I • JII 1 I• -- 1111 II I" I :I- 'I _ + 1 _ I 1 I -I '_-.1-_!-.'r-- r I � I I I I I f I L_ ,- I II _� I I' I 1 1 r., I I I" 1 i I-- 4__, 1 1 1- ' I i 1 I o-�I -I I I•..I I I 1_ - - ,1.v._L. _ --I I —� I _-''-I . 1 1� I- l -I : I1 -k I ''N I 11 I _'_l_. - 1. - I - . __ -; i--- E 1 y T, _ I • r�- I l 1 �k ►J I I I I _ • _I I11_IL ''' .. _ e —, - — ,. - I �T I - = I L� I t •t • • I • 1, 1- I ' _. I - I I II ,I II• — 1 LI. I 1 1_ 1 II ;_- . 1. I L.1 1 f pp Pot • C Contributing and Non -Contributing Structures 5000 Block of Biscayne Boulevard 5020 Biscayne Blvd. 5040 Biscayne Blvd. 5046 Biscayne Blvd. 5050 Biscayne Blvd. 5050 Biscayne Blvd. 5051 Biscayne Blvd. 5061 Biscayne Blvd. 5080 Biscayne Blvd. 5084 Biscayne Blvd. Office 1949 Retail 1946 Office 1950 Office 1952 ' Office • 1968 Bayshore Lutheran 1946 Evangelical Church Office/Retail 1947 Retail 1946 Retail 1950 '5100 Block of Biscayne Boulevard 5101 Biscayne Blvd. Bayside Motor Inn 5120-40 Biscayne Blvd. Office/Retail 5200 Block of Biscayne Boulevard 5201 Biscayne Blvd. Former Cadillac. Motel 5215 Biscayne Blvd. Budget Inn Motet' 5255 Biscayne Blvd. Best Value Inn 5300 Block of Biscayne Boulevard 5398 Biscayne Blvd. Restaurant 5305 Biscayne Blvd. Apartment 1952 1950 1947 1947 1947 Submitted into the pub li� �L record rit s) , on City Clerk Non -Contributing Non -Contributing • Non -Contributing Non-contributing Non-contributing Contributing Contributing Non-contributing Non-contributing Contribuiing** Non -Contributing Contributing Contributing Contributing 2002 Non -Contributing 1947 Contributing** 5400 Block of Biscayne Boulevard 54O045402)BiscCyme Blscd r"as.Slatinn 1Q5 Cntr' g • 5500 Block of Biscayne Boulevard 5555 Biscayne Blvd. 5599 Biscayne Blvd. 5556 NE 4Ih Court 5580 -5584 NE 41h Court Office Office Restaurant Retail 1973 Non -Contributing 1952 Contributing 1938 Contributing 1948 Contributing 5600 Block of Biscayne Boulevard 5600 Biscayne Blvd. General Tire 1954 (Andiamo's Pizza) 5601 Biscayne Blvd. (aka 445 NE 561h Street) Former residence 5615 Biscayne Blvd. Residential 5631 Biscayne Blvd. Former residence 464 NE 571h Street Residential 5700 Block of Biscayne Boulevard None 1929 1974 1938 1960 Contributing Contributing Non -Contributing Contribuiing Non -Contributing ** Indicates a Permit has been applied for prior to the designation process r tributin ti g Structures 5000 Block of Biscayne Boulevard 5020 Biscayne Blvd. Office 5046 Biscayne Blvd. Office 5050 Biscayne Blvd. 5051 Biscayne Blvd. 5061 Biscayne Blvd. 5080 Biscayne Blvd. 5084 Biscayne Blvd. Office/Retail Retail Retail Submitted into the public record fqr itenp(s) Q2. 5 on 5 I L S . City Clerk 1949 Non -Contributing 1950 Non -Contributing Office 1968 Bayshore Lutheran 1946 Evangelical Church 1947 1946 1950 5100 Block of Biscayne Boulevard ate' & *5101 Biscayne Blvd. Bayside Motor Inn 5120-40 Bisca ne Blvd. Office Retail Non-contributing Contributing contributing Non-contributing Non-contributing 1952 Contributing 1950 Non -Contributing 5200 Block of Biscayne Boulevard 5201 Biscayne Blvd. Former Cadillac Motel Budget Inn Motel 5255 Biscayne Blvd, Best Value Inn 5215 Biscayne Blvd. 5600 Block f 5600 Biscayne Blvd. 445 NE 56'" Street (5601 Biscayne Blvd.) 615 Biscayne Blvd. 5631 Biscayne Blvd. 464 NE 57'h Street 5300 Block of Biscayne Boulevard (5398) Biscayne Blvd. Restaurant 5305 Biscayne Blvd. Apartment 5400 Block of Biscayne Boulevard 5400 (5402) Biscayne Blvd. Gas Station 5500 Block of Biscayne Boulevard 5555 Biscayne Blvd. Office 5599 Biscayne Blvd. Office oc o Biscayne Boulevard (Anglc.440 Piezw.. General Tire Former residence Residential Former residence Residential 54VJ �rn S,�QQ Block of Biscayne Boulevard 5800 Biscayne Blvd. Apartments 5801 Biscayne Blvd. Former residence 5810 Biscayne Blvd. Residence 23 1947 Contributing 1947 Contributing 2002 Non -Contributing 1947 Contributing 1956 N -Contributing 1''� Ai+latti 1973 Non -Contributing 1952 Contributing 1954 Contributing Dew rMo -4ivw ome hac1� ,`"`4 4f 1947 contributing GyeJoYD“' ' tpoPed 6,1.nA44 1929 Contributing 1974 Non -Contributing 1938 Contributing • ratwras , 1960 Non -Contributing 1935 1932 1940 Contributing Contributing Contributing M 1,71 CITY OF MIAMI MiMo South HISTORIC DISTRICT NE 5i3tAi Sr .. NE 54TH ST r_ NESSRO ST `] r 125 250 600 Foot tvi S13TST' Legend ■; tkaskavoaly Contributing and Non Contributing Ceolilbulire likie_Painels P, NE 55TH TER t;--) QQ E 55TH T Ni 0 a t..ma py, car ai M4urd Pla mine ra.wrrm«M /- eNrMEPMIfT©IUC DisnucTsimo4. /MIMo 1foom and n 0TH ST NE 56TaS7 55TH ST t1E&2N0TEf__.... 12 Submitted into the p blic record or it m(s) 7, \ 5 on .5 1 . City Clerk Submitted into the pu record fpr it e n(s) on 5p Morningside Civic Association and Elvis Cruz, Appellants Appeal of HEPB Special Certificate of Appropriateness for 5101-5125 Biscayne Boulevard, from HEPB meeting of February 7, 2017 At the Miami City Commission May 25, 2017 lic�% City Clerk The Appellants respectfully request: IU 1. Please remand this appeal to the HEP Board. If that's not allowed by code then please affirm the appeal and reverse the HEP Board's decision, then initiate legislation to change the code so remanding is allowed. 2. Please enforce the Settlement Agreement and Restrictive Covenant on the property, as they are still in effect. 3. Please initiate legislation which would empower the city to rescind a COA issued when there are errors or omissions, such as this one. Right now the city does not have that ability, so we had no recourse other than this appeal. 4. Please reimburse the appeal fees of $889.00, because it was the City's mistake that the HEP Board was not told about those key documents, so we should not have to pay for the city's mistake. L 5. Please initiate legislation which would require the city to check a property for covenants as part of any Planning and Zoning action. h