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HomeMy WebLinkAboutAppeal LetterSAVAGE - LEGAL 100 ALmERIA AvENUE, SunE 220 CoRAL GABLES, FLORIDA 33134 www.SAvAGELEGAL.com Paul C. Savage Tel. 305.444.7188 Fax 305.4447186 Paul @SavageLegal. Com May 20, 2015 BY HAND DELIVERY City of Miami Department of Planning and Zoning - Hearing Boards Section ATTN: Chief of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 RLANNI�ft MTM�w=i 15 MAY 20 AM I I= 08 Re: Appeal of Miami Historic and Environmental Preservation Board (the "HEPB Board") Resolution No. HEPB-R-15-032: Approving Removal of the Parcel Located at 109 Southwest South River Drive (the "109 Parcel") from the South River Drive Historic District File ID No. 15-00221 Dear Chief of Hearing Boards: I am writing on behalf of River Inn SRD, LLC ("River Inn"), the owner of the property directly across the street from the 109 Parcel referred to above, to submit this letter as an appeal to the City Commission in accordance with Chapter 23 of the City of Miami Code of Ordinances. The River Inn is located at 118 Southwest South River Drive. The item appealed is the Resolution referred to above,1 With its Application to the City of Miami Planning Department Preservation Section, the Applicant, Manny's Seafood Corp., sought to remove the 109 Parcel from the South River Drive Historic District (the "District"). The Staff Report supported the Application, and the removal of the 109 Parcel from the District was granted by a four -to -two vote of the HEPB Board on May 5, 2015. Exhibit A. The Application runs afoul of governing ordinances, covenants and procedures, however, as is set forth below. The Commission is consequently urged to rescind the Resolution. Historic District Versus Single Structure. First and foremost, the Applicant focused on the structure that used to be on the Applicant's property as opposed to what was actually placed See Exhibit A (City of Miami Historic and Environmental Preservation Board Resolution No. HEPB-R-15-032; HEPB Board Hearing of May 5, 2015 and Executed on May 11, 2015). See Exhibit B (Application). Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 2 at issue by the relief ultimately granted by the Resolution: changing the boundary of the District. The Applicant incorrectly states in the Application; "Certainly and without question, this parcel has everything in common with the adjacent parcels (to the north and south) which I own, and nothing in common to the Miami River Inn which is across the street." Exhibit B at 3 (emphasis in original). This statement aptly demonstrates that the Applicant misses entirely the point of the District.3 The South River Drive Historic District is grounded upon the presence of an historic community near the "river." The "River" Inn is so named and located because of its proximity to the Miami River. The removal of the 109 Parcel from the District, with no conditions or further limitation, works against the very preservation for which the District exists. The original Designation Report for the District notes that "109 South River Drive stands on the west bank of the Miami River, across the street from the main group."4 The Applicant puts great stock into the fact that the contributing structure on the 109 Parcel was demolished in 2003. But that means that the 109 Parcel was within the District for years -- not because of the presence of a structure -- but because of the visual connectivity between the contributing structures and the Miami River itself. This point is readily demonstrated by the City's own District materials and Diagrams, all of which depict the District with both contributing structures and non-contributing structures, and, notably, no structures on the 109 Parcels For example, a large structure such as a parking garage or parking pedestal between the nationally -designated River Inn and the bank of the Miami River on the 109 Parcel will destroy the visual connectivity of the River Inn and the Miami River. The 109 Parcel contributes to the historic value of the River Inn and to the District as a whole. Contrary to the relief granted by the Resolution, the 109 Parcel needs to be regulated to preserve the historic integrity of the adjacent contributing structures on the River Inn site. The Application's Reliance Upon Demolition and Expiration of the Certificate of Appropriateness is Misplaced. The Application and the Staff Report rely heavily on the fact that the structure that was previously on the 109 Parcel has long been demolished. A cursory examination of the procedural background of the demolition quickly reveals, however, that this should not serve as a basis to remove the 109 Parcel from the District. One of the critical considerations of the HEPB Board when it allowed demolition in 2003 was the presence of plans for a replacement structure "consistent with the historic and architectural character of the historic 3 The Staff Report unfortunately buys into this flawed reasoning, noting that the contributing structure "has been gone for 12 years." Exhibit C at 2 (Staff Report and Recommendation). a See Exhibit D, South River Drive Historic District Designation Report dated September, 1986, at page 7. The conservation objectives as enumerated in the Designation Report discuss a zoning treatment allowing for "hotels/tourist homes and would allow accessory uses not to exceed 20 percent of the total floor area." Id. at 8. 5 See Exhibit E, City of Miami Planning Department diagrams dated July, 2010. SAVAGE — LEGAL Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 3 district." Exhibit C at 1. The fact that the prior owner was unable to build the replacement building is no reason to remove the 109 Parcel from the District. The current owner of the 109 Parcel purchased it with full knowledge of its inclusion within the District, and the limitations associated with being within the District. The following statement is no doubt true of many properties now lying within an Historic District: "Today, due to the economic recovery Miami is experiencing, the current owner would like to have the parcel removed from the South River Drive Historic District to be available for possible future development." Id. at 1. The Staff Analysis points out that since a Special Certificate of Appropriateness was granted for the demolition of the contributing structure on the 109 Parcel, the plans for a new replacement structure have since expired. Exhibit B at 3. The foregoing reasoning is circular and nullifies the historic designation regulations. To put the reasoning another way: because the prior owner failed to construct a replacement building, the new owner is relieved entirely of the requirement, along with any historical regulation whatsoever. This reasoning assumes that the 2003 requirement to either keep the existing structure or replace it with a replacement structure that is "consistent with the historic and architectural character of the historic district" is less important now that it was in 2003. The present owner of the Miami Inn respectfully urges otherwise. The Resolution Violated the Recorded Preservation and Conservation Easement. Entirely absent from the Application, the Staff Analysis, and the HEPB Board's consideration, is the fact that the subject Property is subject to a recorded Preservation and Conservation Easement. The 109 Parcel, particularly referenced in the legal description as lots 1 and 2 and "approximately 100 feet South of the S.W. Ist Street bridge, between the Miami River and S.W. South River Drive" is subject to a December, 2001 Preservation and Conservation Easement (the "Preservation Easement"). Id. at Exhibit A, The recorded Preservation Easement "shall run with the land" and contemplates extinguishment only as follows: "Extinguishment must be the result of a judicial proceeding in a court of competent jurisdiction." Id. at Whereas Clause on page 2, and at Paragraph 25. The lengthy Preservation Easement imposes numerous limitations, restrictions and covenants on the properties subject to it, including the 109 Parcel. For example, Section / Paragraph 28 of the Preservation Easement prohibits the amendment of the Preservation Easement in order to permit additional residential and/or commercial development. Id. at Paragraph 28. The principal Covenant in Section/Paragraph 2 requires that the property be "maintained," which term is legally defined to include "replacement, repair and reconstruction. Id. at Paragraph 2. The Resolution nullifies this Covenant by apparently excusing Parcel 109 from the Preservation Easement. Because the Resolution under review neglected to mention or analyze compliance with the Preservation Easement, it consequently must be rescinded, The Resolution is Contrary to the Planned Acquisition by FDOT. Much like the situation with the Preservation Easement, nothing in the Staff Report or the Resolution so much as mentions the expected acquisition by FDOT of the 109 Parcel for use in connection with the 6 See Exhibit F, Preservation and Conservation Easement dated December, 2001. SAVAGE — LEGAL Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 4 State of Florida's planned First Street Bridge improvements. A power point presentation by the FDOT depicts the 109 Parcel being used for the placement of a significant greenway across the 109 Parcel. Notably, the FDOT includes a recitation of the bridge's significance to the "S. River Dr. Historic District." Id. at 4. The River Inn is actually depicted in the FDOT presentation. Id. The FDOT's presentation and its focus on providing access to the District is a strong reminder of the historic importance of the west bank of the Miami River to the District. The FDOT report recites that the project has been under consideration since 2013. Id. at 11. The City of Miami has representatives who sit on the Bridge Aesthetic Committee for the proposed FDOT project. Id. at 12. The FDOT presentation clearly depicts the 109 Parcel as green space. Id. at 15 at 22. The proposal depicts South River Drive access as well as a greenway and river front park area. Id. at 35. Parcel 109 is entirely devoted to walkway and open space in the FDOT's final depictions. Id. at 37-38. In stark contrast to the very public plans of the FDOT for the 109 Parcel, the Resolution removes the 109 Parcel from the District so that the current owner is able to participate in the "economic recovery" and have the parcel become "available for possible future development." Exhibit B at 1. The City of Miami should unify its position as between the Historic Preservation Office and the Bridge Aesthetics Committee as to whether its stated public policy is to encourage the private development of the 109 Parcel, or have it serve the Southwest First Street Bridge Replacement project as projected by the State of Florida. For all of the foregoing reasons, the removal of the 109 Parcel from the District at this time is contrary to the government code, the existing District regulations, the recorded Preservation and Conservation Easement, as well as the State of Florida's Southwest 1st Street Bridge Replacement project. Our investigation is continuing, and the River Inn reserves the right to supplement this appeal paper and add additional arguments and evidence to its ultimate presentation. A check for the applicable appeal fee is enclosed. Please contact me at paul@savagelegal.com or 305-444- 7188 when the item is scheduled to be heard. cc: Megan Schmitt, Preservation Officer for the City of Miami See Exhibit G, Florida Department of Transportation's "Presentation to Bridge Aesthetic Coiuinittee" for SR 968 / SW 1 st Street Bascule Bridge Over the Miami River. SAVAGE — LEGAL Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 5 Exhibit A City of Miami Historic and Environmental Preservation Board Resolution No, HEPB-R-15-032; HEPB Board Hearing of May 5, 2015 and Executed on May 11, 2015 SAvAGE —]LEGAL t4S S4 i 1XV9 I All Miami Historic and Environmental Preservation Board Resolution: HE138-11-15-032 File ID 15-00221 May 5, 2015 Item HEPB.3 Ms. Lynn B. Lewis offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION SOUTH RIVER DRIVE FROM THE SOUTH RIVER DRIVE HISTORIC DISTRICT. Upon being seconded by Mr, Gary Hecht, the motion passed and was adopted by a vote of 4-2: Mr. Timothy Barber Mr. David Freedman Mr, Gary Hecht Mr. William E. Hopper, Jr Ms, Lynn B. Lewi§ Mr. Hugh Ryan Mr. Jordan Trachtenberg Mr, Todd Tragash Megan $chmitt Preservation Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE Execution Date Personally appeared before me, the undersigned authority, _Meqgn Schmitt, Preservation Officer of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution, SWORN AND SUBSCRIBED BEFORE ME THIS L(raDAY OF-BA4—,2015. Vb lles�'-)& ­::I:h� 1, 1 1 )111, 'tO Print Notary Name "I Notary Public State of Florida Personally know - t"L or Produced 11). Type and number of LD. produced Did take an oath — or Did not take an oath ::�Z My Commission Expires: V W88A TRUJILLO MY COMMISSION 0 EE 10$260 CXF'IME$: july'l 1, 2015 Bonded Tivu Notary P0110 WorWrijors Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 6 Exhibit B Applicant's Application SAvAGE — LEGAL OWNER'S NAME ) OWNER'SDAYTIIYIEPHONE NUMBER OWNER'S ADDRESS, CITY, STATE, ZIP CODE OWNERE-MAIL Mui '- 7 APPLICANT'S NAME (IF OTHER THAN OWNER) APPLICANT'S DAYTIME PHONE NUMBER APPLICANT'S ADDRESS, CITY, kTATE, ZIP CODE APPLICANT'S E-MAIL . ,/x 1 AI1A DATE OF CONSTRU 'ION /SIGNIFICANCE ARCHITECT/ BUILDER (IF APPLICABLE) BRIEF STATEMENT OF WHY THE PROPOSED RESOURCE IS ELIGIBLE FOR HISTORIC DESIGNATION, (Haw does the resource have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation, and how does It possess Integrity of design, setting, materials, workmanship, feeling, and association? A more detailed statement is required as an attachment.) ` 1�1[�vG�vc' �C Glj✓; oJe cr/{ /ice- fir ' ("i�rsc� i"4'w>~ 1 4%'Yol d VI�VI v'64 '/111042 )-le 011'`�I CGS . IiCA r�8'f i �(wS "7f6:51� j fa 1Z NOTE; A COMPLETE CHECKLIST AND INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARSON FOLLOWING PAGE APPLICANT ATTESTATION: I CERTIFY THAT ALL INFORMATION PROVIDED IN THIS APPLICATION IS CORRECT, Is SIGNATURE QKARFrLICANT DATE FOR STAFF U$S ONLY, FILED AS DATE RECEIVED_ STAFF INITIALS DATE OF HEPIB MEETING— ACTION TAKEN RESOLUTION # Property Search Application - Mlaml-Dade County 1/9/15 9:24 AM ASSESSMENT INFORMATION 0 http://www.miamidade.gov/propertysearch/,it/ Manny Seafood Corporation 1365 S.W. 19 St. Miami, Fl, 33145 City of Miami Historic Preservation Board 444 S.W. 2 nd Ave. Miami, Fl. 33130 Preservation Officer Megan Cross Schmitt Dear Ms, Schmitt, My family owns 109 SX South River Dr. (Manny Seafood Corp.), We purchased the parcel from the Miami River Inn, LLC around 2011. This parcel of la nd is across the street froth a number of parcels that in 1986 was made into the South River Dr, Historic District, The purpose for the district was to preserve the unique buildings that occupy those lots The 109 parcel was and is the only parcel not adjacent to any of theother parcels; it is across the street. Nonetheless, this parcel used to have an historic structure. In the early 2000's there came a point and time where the building came into such disrepair, that the c1ty issued a notice of violation to the owner (the Miami River Inn) and demanded that the structure either be REPAIRED OR DEMOLISHED, After some back and forth the question finally came to the Historic and Environmental Preservation Board as to the appropriateness of demolishing the historic structure (going to the board was needed because of its historic nature), The board approved the certificate of appropriateness and on September 12, 2003 a permit for demolition was sought from the city. The structure was demolished a short time there after. As the current owner of this parcel, I cannot think of a good and logical reason why this vacant piece of land (disconnected from the rest of the parcels) should continue being a part of this historic district, The purpose for having 109 be a part of this district no longer exists; it was demolished in 2003. Currently the parcel is used as part of our lobster and stone crab fishing business. The parcel allows for the storage of lobster and stone crab traps and dockage for the fishermen. Certainly and without question, this parcel has everything in common with the adjacent parcels (to the north and south) which I own, and nothing in common to The Miami River Inn which is across the street. I would respectfully ask for support of removal of 109 S.W, South River Dr. from the South River Dr, Historic District. Thanks so much for your service and attention and I look forward to hearing from you soon. Respectfully , �YA'7 IVelC�Prl u.e?, VP Manny Seafood Corp. Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 7 Exhibit C Staff Report and Recommendation SAvAGE — LEGAL Staff'. MN Application received: 1/29/2015 CITY OF MIAMI PLANNING DEPARTMENT Staff Report & Recommendation To: Chairperson and Members Historic Environmental Preservation Board From: Megan Schmitt Preservation Officer Applicant: Manuel Prieguez Subject: Item No. 3 — 109 SW South River Drive The applicant Manuel Prieguez, vice-president of Manny Seafood Corp., owner of the subject property located in the South River Drive Historic District, is requesting the removal of the parcel at 109 SW South River Drive from the South River Drive Historic District, BACKGROUND: This application was continued from March. THE PROPERTY: The building at 109 SW South River Drive was demolished in 2003. The two- story contributing Frame Vernacular structure was built in 1926 and was part of the South River Drive Historic District designated in 1986. The property was owned by the Miami River Inn and had an approved proposal to be rehabilitated and used as a restaurant which never happened. The City of Miami's Chief of Unsafe Structures filed an application for the building's demolition which was granted under resolution HEPB-2003-31. That resolution also stated that the plans concurrently submitted by the then - owner, "proposed new construction [that was] consistent with the historic and architectural character of the historic district." There was one condition to the approval: 1- Archaeological monitoring of ground disturbing activities shall be provided, subject to the requirements of the Dade County Archaeologist. The parcel was sold to the current owner in 2011 as a vacant lot. The Manny Seafood Corp. also owns the south and north adjacent parcels and the parcel in question has been incorporated into the seafood business ever since it was acquired. The current owner never had the intention to build on the parcel. Today, due to the economic recovery Miami is experiencing, the current owner would like to have the parcel removed from the South River Drive Historic District to be available for possible future development. HEPB- MAY 5, 2015 Page 1 of 3 Staff: MN Application received: 1/29/2015 HISTORIC PICTURE: ANALYSIS: The Parcel is located on the east side of SW South River Drive, thus separated from the other structures of the historic district that are on the west side of the road. In addition, the former contributing structure has been gone for 12 years and since it was demolished in 2003 the vacant parcel has neither contributed to the character of the district nor diminished its integrity. Even though plans were submitted when the demolition of the former contributing building was approved by the HEPB in 2003, the proposed replacement building was never built and the property was sold to the present owner as a vacant lot in 2011, 8 years after the HEPB resolution HEPB-2003-31 passed. HEPB- MAY 5, 2015 Page 2 of 3 i a Even though plans were submitted when the demolition of the former contributing building was approved by the HEPB in 2003, the proposed replacement building was never built and the property was sold to the present owner as a vacant lot in 2011, 8 years after the HEPB resolution HEPB-2003-31 passed. HEPB- MAY 5, 2015 Page 2 of 3 Staff: MN Application received: 1/29/2015 See.23-6.2.(g) of the city's ordinance states that: "Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire 12 months from the date of issuance, unless the authorized work is commenced within this time period, or a building permit has been obtained. The preservation officer may grant an extension of time not to exceed 12 months upon written request by the applicant, unless the board's guidelines as they may relate to the authorized work have been amended." Today, even the same proposed plans approved in 2003 would need to come back before the HEPB for re -approval since it was never commenced or permitted. STAFF RECOMMENDATION: Since the Special COA for the demolition of a contributing structure and plans for a new replacement structure approved in 2003 under HEPB-2003-31 was only partially executed and the proposed replacement building was never commenced or permitted, therefore expired according to Sec.23-6.2.(g), and that the present owner purchased the property as a vacant lot 8 years after the former contributing structure was demolished and consequently the present owner cannot be held responsible for its neglect and demolition, and that the parcel is located at the east side of SW South River Drive and across from the other buildings of the historic district that are located on the west side of the road; the Preservation Office recommends that the application for the removal of the parcel at 109 SW South River Drive from the South River Drive Historic District to be Approved. HEPB- MAY 5, 2015 Page 3 of 3 Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 8 Exhibit D South River Drive Historic District Designation Report dated September, 1986 SAVAGE, — LEGAL, SOUTH RIVER '. -..DR! VE, -.HISTORIC. DISTRICT"..'*''' Designation Report 4 REPORT OF THE CITY OF MIAMI PLANNING DEPARTMENT TO THE HERITAGE CONSERVATION BOARD ON THE POTENTIAL DESIGNATION OF SOUTH RIVER DRIVE HISTORIC DISTRICT AS A HERITAGE CONSERVATION ZONING DISTRICT Prepared by�/? �< s or c Preservation' Date Planner Accepted by Cliairman, Heritage uate Conservation Board Designated by the Miami City Commission Ordinance No. .Date . CONTENTS Page I. General Information I II. Sign ii•icance 4 III. Description 7 IV. Planning Context g V. HC Zoning Elements 9 VI. Bib] iography IO . X. GENERAL ,INFORMATION Historic, Name.- South ame:South River Street Current Name: South ROer Drive Historic District Location, 428, 438 S. W. 1 Street 431, 433j, 435, 437 S. W. 2 Street 104, 109, 118, 124 S. W. South River Drive Present Owner: Magic City Enterprises 111 S. W. 5 Avenue Miami, FL 33130 Present Use: Residential, vacant Present Zoning District: RG -2/5, CR -3/7 HC Zoning Overlay District: HC- 5 Tax Folio Number: 01-0201-80-1020 01-0201-80-1021 01-0201-80-1030 01-0201-80-1040 01-0201-80-1060 01-0201-80-1160 010201-80-1170 01-0201-80-1180 -1- and Lazaro A. Santana 420 S. W. 12 Avenue Miami, FL 33130 u 11 R,oundary Description of HG Zoning District: (ots 1, 2, 3, 4, 15, 16, 17, and 18, less the Northerly 5 feet of Lots 3 and 4, of Blo6k 18 b.f the plat of CITY OF MIAMI SOUTH, as recorded fn Plat Book "B" at Page 41, of the Public Records of Dade County, Florida; together with that unplatted parcel of land fronting on the V,Vest bank of the Miami River, extending approximately 100 feet South of the S. W. I Street bridge, between the Miami River and S. W. South River Drive, further described as follows: Beginning at the point where the South line of 13 Street (now called S. W. I Street) as shown t , )y the Map of Miami, I )ade County, Florida, recorded in Plat Book "B" Ot Page 41, Public Records of Dade County, Florida, produced Easterly intersects the United States Harbor Line on the Westerly side of the Miami River; thence Nofthwesterly along said United States Harbor Line A distance of 15.5 feet more or less, to the South side of the S. W. 1,,;treet bridge as now constructed*ithence with a deflection angle of 6 55'43", more or les,§, to the left run along said South side of the S,,. W. 1 Street bridge hs now constructed a distance of 35.58 feet more of" less, thence continuing along said South side of the S. W. I Street bfidqe as now constructed along the arc of a curve to the right, 0 ng a radius of 889.92 feet, more or less, and a central angle of ONiO'18" more or lessa distance of 54.44 feet, more or less, to a p( , )int on the said South line of 13 Street (now called S. W. I Street) produced Easterly; thence East along said South line of 13 Street (now cAlled S. W. 1 Street) produced Easterly a distance of 96.91 feet, m6re or less, to the point of beginning. Being the same property conveyed to the grantor and her deceased husband by the City of Miami by Quit Claim Deed dated April 21, 1931 and recorded in Deed Book 1442 at Page 303 of the Public Records of Dade County, Florida; and beginning at a point where the North line of Lot 3 of Block 18 South, according to Knowlton's Plat of Miami, Florida, produced East intersects the Easterly boundary of South River Street; thence Southerly along said Easterly line of South River Street to a point where a line drawn east and west through the center of Lot 2 if produced East Intersects the Easterly line of South River Street; thence Easterly along said center line of Lot 2 produced east to the low mark of Miami River; thence Northerly along said low water line to a point where the North line of said Lot 3 produced east would intersect said low water line; thence Westerly along said line produced East to point of beginning; with all submerged land between this tract and the channel of the Miami River, together with all riparian rights. LESS that portion thereof conveyed to the City of Miami by deed dated February 6, 1931, recorded in Deed Book 1445 at Page 524 of the Public Records of Dade County, Florida, and also less that portion dedicated to the City of Miami by deed dated March 26, 1935, recorded in Deed Book 1622 at Page 342 of the Public Records of Dade County, Florida. HC Zoning Classification: Historic DlstrJct -2- IRS M11109 10 iloi low NX 0I CITY �0( F �Il 1� Lo , = 00q�0 1�tj =0 -3, �I site pian:.., 0 II. SIGN'I'FICANCE Statement of Significance: The South River Drive Historic District is significant to the history of architecture and community development in Miami. Developed prim'a'rily during the first two decades of the twentieth century, the district contains the City's oldest extant grouping of frame vern�r.ular buildings in such close proximity to the Miami River. Thesb buildings embody those characteristics of South Florida's frame vernkular architdcture and exemplify the architectural trends in Miami prior to 191. The district's location, period of construction, and use reflect the historical development of the City of Miami. In the early years of the 1900's, suburban expansion in Miami extended only to the north and south of the City. It was not until 1906 that significant western expansion was possible. At that time, work began on the Everglades drainage project, and a bridge and short-lived trolley car line were constructed over the Miami River at the foot of Flagl6r Street. It was shortly after this, circa 1908, that the first building in the South River Drive Historic District was constructed. All pix of the historic buildings within the district were completed by circa 1914. It is unlikely that the buildings within the South River Drive Historic District were ever single family residences, with the exception of 437 S. W. 2 Street. If such was their original use, it was short-lived. The owners of these buildings soon began to take in boarders, and the buildings became rooming houses. The large size (two and two- and -one - half stories) of these buildings made them easily adaptA61e to such a use. In addition, their strategic location in proximity to the Miami River and the Flagler Street bridge, coupled with the events of the period, made the structures prime targets for this t.hansformatfon. The year 1896, which brought rapid change, development, and growth to the fledgling City of Miami, also brought with it an increase in populAtion. New residents, as well as tourists, began arriving, 1 iter0ly, by the train load. While the Royal Palm Hotel attracted Rockefellers, Astors, and Vanderbilts, as well as U. S. Congressmen and European royalty, the less wealthy tourists and potential new residents also needed accommodations, Rooming houses such as the ones found in the South River Drive Historic District fulfilled this need. An advertisement for an establishment similar to these, but no longer standing, read: "Reasonable Rates, for Table, Board." Another proclaimed: "An ideal winter home for the tourist, an all -year hotel for the transient." The area west of the Miami River soon began to fill with comfortable, unassuming residences and rooming houses as the City of Miami rapidly expanded. , -4- a. Embodies those distinguishing chAracteristics of an architectural style, or period, or method of cohstruction. The South River Drive Historic District contains outstanding examples of frame vernacular style buildings. 8. By being part of or related to a subdivision, park, environmental feature, or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif. The South River Drive Historic District is one of the City's most unique groupings of historic buildings. The area's historic and architectural character should be preserved as a reminder of Miami's past. The Jargest rooming house in the South River Drive Historic District is khown as the Rose Arms and is located at 118 S. W. South River Drivel. Its first owners were John C. Baffle and his wife Rose. The Bailds may have operated a rooming house complex, for they also appear as the owners of 428 S. W. 1 Street and 104 and 109 S. W. South River Drive'. While the Rose Arms remained under Baile proprietorship for several years, the other three properties were sold to Charles L. Gibbons and his wife, Isabella, as early as 1914. By 1918, Charles 0. Sims and his wife, Winifred, appear as the owners of 428 S. W. 1 Street. Sims was employed by the Hagan Realty Company. In 1915, James C. Smith and his wife, Josephine, are recorded as owners of 438 S. W. 1 Street. James Smith was a physician. Although this structure may first have served as a single family residence, it was later referred to as the New Jersey Guest House. The structure located at 437 s. W. 2 Street, built circa 1913, seems to have always been a single family residence. Its first residents were the Eberwines. William C. Eberwine was a milliner who worked for the Chaffin Millihery Shop. In later years, he was employed by the Southern Feed Company as Secretary and Treasurer. This building is a typical example of the type of house constructed in this working class neighborhood. The buildings within the South River Drive Historic District are representative of the early frame vernacular architecture of South Florida. The frame vernacular mode reflects the open, rural character of the area at that time and is well adapted to the local climate. The buildings retain a high degree of architectural intergrity. The S(?uth River Drive Historic District is one of Miami's most unique groupings of historic buildings. The district has remained a cohesive unit, despite the presence of several non-contributing structures. Relationship to Criteria for Designation: The South River Drive Historic District is eligible for designation under the following criteria: 3. 4. Exemplifies the historical, cultural, political, economic, or social trends of the community. The South River Drive Historic District reflects Miami's early development patterns during the first two decades of the twentieth century. Portrays the environment in an era of history characterized by one or more distinctive architectural styles. The South River Drive Historic District contains the City's oldest extant grouping of frame vernacular buildings in such close proximity to the Miami River and exemplifies the architectural trends of the early 1900's. ilrI. DESCRIPTION The South River Drive Historic District 15 a small grouping of historic buildings in East Little Havana. Located on the southwest bank of Miami River, the district encompasses approximately one half of a square block and includes ten buildings as well as several outbuildings. The majority of buildings are f rame vernacular structures of balloon frame construction and are two or two -and -one- half stories. The primary use is single 6r multi -family residential. Most of the buildings within the district were constructed between 1908 and 1914, the area's major period of significance. Four buildings in the district, however, fall outside the area's major period of significance and are considered non-contributing structures. The six contributing buildings in the South River Drive Historic District are united by a strong architectural theme. These frame vernacular structures are rectangular in plan and are two or two -and - one -half stories tall. Four have gable roofs of medium pitch with gable roof dormers. The other two are top�ed with hipped roofs. Roof covering is of composition shingles, except for 438 S. W. 1 Street, which has been re -roofed with galvanized aluminum. Original roof ing materials on all of the structures cannot be ascertained due to the lack of early photographs. However, similar buildings in the area from that period were known to have used composition shingles, wood shingles, and metal for roofing. All roofs have slightly projecting eaves and exposed rafter ends. Exterior wall covering on all buildings is horizontal weatherboards. Structures are raised off the ground on masonry foundation piers. Original windows were wood frame, double hung sash, with one -over -one lights. Many of these windows remain. The six buildings retain a high degree of architectural integrity and have not been significantly altered. The buildings at 438 and 428 S. W. 1 Street are sited perpendicularly to the river, with their main access through a metal bridgeway on the second floor connected to 'the elevated S. W. 1 Street bridge over the Miami River. 104 S. W. South River Drive is located at the corner of S. W. South River Drive and S. W. 1 Street, immediately adjacent to the two previously mentioned structures, and directly across the street from the Miami River. 109 South River Drive stands on the west bank of the Miami River, across the street from the main group. The last contributing building, 437 S, W. 2 Street, is around the corner from the main group, perpendicular to the river, and related to the others through its backyard. All non-contributing structures are the district. The buildings include on S. W. South River Drive and buildings on S. W. 2 Street. 7- located in the southeast corner of a three story apartment building three small two story apartment IV. PLANNING CONTEXT Present Trends and Conditions: The South River Drive Historic District is 'located in the easternmost part of East Little Havana, an area plaglued by deterioration and crime. Problems in the area were recently addressed by the East Little Havana Task Force, and recommendations for improvement were presented to the City Commission. All buildings within the district have been acquired {or are under contract} by Magic City Enterprises, the group responsible for the rehabilitation of the nearby J. W. Warner House. Magic City hopes to convert the district into a bed and breakfast inn. The group believes that the rehabilitation of these buildings will spur redevelopment in the neighborhood. Rehabilitation- has been completed on one building and begun on a second. Completion is targeted for December 1986, Conservation Objectives: Historic district designation should be used as a tool to recognize the historic importance of the South River Drive area and promote its preservation. Magic City Enterprises is to be commended for its commitment to East Little Havana and should be encouraged in its efforts. Because existing zoning will not permit the proposed bed and breakfast inn, a change of use is necessary. The proposed HC -5: Commercial -Residential Heritage Conservation Overlay District would provide the zoning incentives necessary to make the preservation of these buildings feasible. HC -5 would permit a change of use to allow hotels/tourist homes and would allow accessory uses not to exceed 20 percent of the total floor area, Certain retail uses compatible with the historic character of the district would also be permissible, as would modifications to off-street parking requirements. All alterations to the exterior of the buildings, as well as the change of use, would require the approval of the Heritage Conservation Board. VS. HC ZONING ELEMENTS Boundaries: The boundaries of the South River Drive Historic District have been drawn to include all contiguous property owned or under contract to purchase by Magic City Enterprises. These boundaries encompass the neighborhood's largest concentration of buildings that were constructed during the 1900's and 1910's and that still retain their integrity. The four non-contributing buildings on lots 16, 17, and 18 were included because they are (or will be) under the same ownership, are functionally related to the proposed new use for the district, and need to be regulated to preserve the historic integrity of the adjacent buildings. Major Exterior Surfaces Subject to Review: All facades shall be considered major exterior surfaces subject to review. Major Landscape Features Subject to Review: The major landscape features subject to review shall include all features which are subject to requirements for tree removal permits, as set forth in Chapter 17 of the City Code. 10 VII. BIBLIOGRAPHY Blackman, E. V. Miami and, Dade County, Florida: Its Settlement, Progress, and - AcnievemQnt.as h Ing t on, 'c or 5a —1nYoTf, 1-W. " Bonawit, Oby J, Miami, Florida, Early Families and Records. Miami, Florida.,' Priva eeTy-- rF�ine , , Cohen, Isador. Historical, Sketches and Sidelights of Miami. Miami, Florida: Priva e y rime .— - Dade County, Florida. Community and Economic Development, Historic Preservation Division. Dade County Historic Survey, Site Inventory Files. Dade County, Florida. County Recorder's Office. 'Abstract Books. Bade County, Florida. County Recorder's Office, Plat Book B, p. 41, June 9, 1896. Hollingsworth, Tracey. Oistory of Dade County, Florida. Coral Gables, Florida: Glade ouse, . Hopkins, G.M. Plat Book of Greater Miami, Florida and SOburbs. Phil adelC)hia,' ennsy I vania: G. M. mopxfn-s-ro-.-,��.� Hunter, John E. "Developmental History of Little Havana's Miami (Knowlton) Subdivision." Dade County Historic Survey, 1980. Metropolitah Dade County, From Wilderness to Metropolis. Miami, Florida: Metropolitan Dae Cownty, Muir, Helen;, Miami, U.S.A. New York, N.Y.: Henry Holt & Co., 1953. Parks, Arva Moore. Miami: The Magic City. Tulsa, Oklahoma: Continental Heritage ress, . Peters, Thelma. Biscayne Country: 1870-1926. Miami, Florida: Banyan Books, 197'6. Polk, R. L. R. L. Polk and Company's Miami City Directory. Jacksonville, Florida: 7717. P-01kana Company, 1911-1926. -- Sanborn Map Company. Insurance Maps of Miami, Dade County, Florida. 1905-1921. Temkin, Maria and Ivan Rodriguez. National Register Nomination for South River Drive Historic District, 1985. -10- .. 0 Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 9 Exhibit E City of Miami Planning Department diagrams dated July, 2010 SAVAGE — LEGAL City of Miami ""'k South River Drive Historic District Age of Buildings ■ SW 1 ST ST 01L�� D l L: r Created by Cid ty of Miami Planning Department Date:7/19/10 .requests/historic districts/South River Drive/South River Drive Age of Buildings.mxd SW 2ND ST L j N 0 25 50 100 Feet _egend 1.01 SOUTH RIVER DRIVE BOUND 3ARCELPROP2011 )ECADE - 1900-1909 - 1910-1919 - 1920-1929 - 1930-1939 - 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2010 => 2010 UNKNOWN 0',, City of Miami \ T6-36 South River Drive Historic District \ T6-8-0 � SW 1ST ST \\ ` ,r\ D3 N � G 1' Legend 7o j m *SOUTH RIVER DRIVE BOUNDARY �p south river dr m21 A T1 NATURAL T4 -R T3 SUB -URBAN 8 T6 --O T4 GENERAL URBAN o T5 URBAN CENTER T6-8* URBAN CORE T6-12* URBAN CORE T6-24* URBAN CORE T6-36* URBAN CORE T6-48* URBAN CORE T6-60* URBAN CORE SW 2ND ST T6-80* URBAN CORE w� a D1 WORK PLACE _ D2 INDUSTRIAL v D3 MARINE CS CIVIC SPACE/PARKS \, _ Cl CIVIC INSTITUTIONAL CS \ _ CI -HD HEALTH DISTRICT Created by -1�-, M Planning De,.wtDate:7/19/10 0 25 50 100 Feet D:/requesMistoric districtsSouth River DriveSouth River Drive m2l.mxd I I 1 I I I I I I City of Miami o R,�� South River Drive Historic District � . SOUTH RIVER DRIVE BOUNDARY =LUM2010 suture Land Use Designations - Conservation Public Parks and Recreation Commercial Recreation* - Marine Facilities* Single Family - Residential Duplex- Residential Low Density Multifamily Residential Medium Density Multifamily Residential High Density Multifamily Residential Low Density Restricted Commercial ® Medium Density Restricted Commercial ® Restricted Commercial Central Business District M General Commercial Major Inst, Public Facilities, Transportation and Light Industrial Industrial Not designated on mao Created by City of Miami Planning Department Date:7/19/1 D:/requests/historic-districts/South River Driverooulh River ■ SW 1ST ST do Medium Density Multifamily Residential SW 2ND ST ��� 25 50 N 100 Feet Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 10 Exhibit F Preservation and Conservation Easement dated December, 2001 SAVAGE LEGAL MIRK 20 1 OSPGO744 0IR72 1424 2601 DEC 28 13107 PRESERVATION AND CONSERVATION EASPIVIF.NT THIS PRESERVATION AND CONSERVATION EASEMENT DEED is made this 41' `dayof he drtihv; 2001,,, by and between Miami River Inn, LL.C. ("Grantor"), ►whose address is 118 SW South River Drive, Miami Florida 33130, and The Trust for Public Land ("Grantee'), a non-profit corporation of the State of Florida, whose address is 116 New Montgomery, Ah floor, San Francisco, Ca., 94105. WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located in the City of Miami, Miami -Dade County, Florida, more particularly described in Exhibit A attached hereto and incorporated herein (hereinalier"the Property'); and WHEREAS, the Property includes all of the land and improvements within the City of Miami 's South River Drive Historic District, both contributing and nom contributing structures, designated by the Miami City Commission on January 22, 1987 (Ordinance No.10213). and also listed in the National Register of Historic Places (hereinafter "National Register") on August 10. 1987; and WHEREAS, the contributing structures on the Property arc frame vernacular buildings built between 1908-1914 that are excellent examples of the early building traditions of the first l►vo decades following the city's incorporation in 1896, and the non- contributing structures. as determined in the city's original historic district designation of January 22, 1987 and the National Register listing of August 10. 1987, reflect later significant architectural styles such as art deco and post -World War 2 modem, al I illustrating aesthetics of design and possessing integrityof materials and workmanship; and WHEREAS, the Grantee is authorized to accept conservation casements to protect historically, architecturally, or culturally significant property under and pursuant to the provisions of Florida Statute 704.06 (2000) (hereinafter "Act"), and WHEREAS, Grantor and Grantee recognize the historical, architectural, and cultural values (hereinaRcr "conservation and preservation values") and significance of the Property, and have the common purpose of conserving and preserving the aforesaid conservation and preservation values and the significance of the Property; and WHEREAS, THE Property's conservation and preservation values are documented in the City of Miami's South River Drive Historic District Designation Report (1986), the National Register of Historic Places Nomination Proposal -Florida (1986). a new third -party baseline study and report that details the current conditions of the Property, that is conducted at the Grantor's expense, and subject to report of the current status of the Property as stated in the (report of property appraiser J. Mark Quinlivan dated December, 20011 (hercinafler "Baseline Documentation" f incorporated herein by reference, which Baseline Documentation the parties agree provides an q - z,-4 OFF. AFClIf. 20 f 08PGO745 accurate representation of the Property as of the effective date of this grant, In the event of any discrepancy between Elle two counterparts produced, the counterpart retained by the Grantee shall control; and WHEREAS, the grant of the conservation casement by Grantor to Grantee on the Property will assist in preserving and mainlaining the Property and its historical, architectural, and cultural features for the benefit of the people of the City of Miami. the County of Miami -Dade, the stoic of Florida, and the United States of Amcrica; and WHEREAS, to that end, Grantor desires to grant to the Grantee, and the Grantee desires to accept, a conservation easement (hercina(ler" Easement") in gross in perpetuity on the Property pursuant to the Act; and NOW, THEREFOPM in consideration of the above and the mutual covenants, turns, conditions, and restrictions contained heroin, and pursuant to the Act, Grantor hereby grants and conveys to, and creates and establishes in favor of Grantee a perpetual Easement over the Property which shall run midi the land and shall be biding upon grantor, his heirs, successors and assigns, and shall remain in full force and effect forever. The scope, nature, character, terms, and conditions of this Easement shall be as follows: I, PURPOSE: It is the purpase of this Eascrtcm to assure that the historical, architectural, and cultural fcotures ufthis property will be retained znd maintained forever substantially inthcircurrent condition for conscrvation and preservation purposes and to prevent any use or change of the Property that will significantly impair or interfere with the Property's conservation and presen-ation values, with the covenants, rights, and other tentts as described below. GRANTOR'S COVENANTS 2. COVENANT TO MAINTAIN: Grantor agrees at all tines to maintain the Buildings and other improvements in the same structural condition and statcof repair as that existing on the effccirve date ofthis Easement. If, at the time of the effective date of this E'ascnicnt, any existing Buildrngs or other improvements are in a substantially deteriorated state than the grantor agrees to make a good faith effort to begin to replace missing or damaged elements, restore, or reconstruct such Buildings or improvements within one year following the effective date of this Easement, oras otherwise agreed between Grantor and Grantcc. Grantor's obligation to maintain &.hall require replacement, repair, and rcconsintction by Grantor ►vhencvcr ncccssary to preservc the Buildings and other improvements in substantially the same structural condition and state of repair as that cxislingon the effective date of this rasentem. Grantor's obligation to maintain shall also require that the Property's landscaping be maintained in good appearance with substantially similar plantings, vegetation, and natural screening to that existing on the cffeciivc date of this Easement. Subject to the casualty provisions of paragraphs 7 and 8 below, this obligation to maintain shalt be done in accordance with the Secretan, of the interior `s Sttan darCds far Rehabilitation and Guldelines for Rehahidiiatie:g Hisioric Buildings (36 CFR 67) (hereinafter"Standards" ). OFF. Afr11. 20I08P60746 3. PROHIBITED ACTIVITIES: The following acts or uses are expressly forbidden on, over, or under tic Property, except as otherwise conditioned in this paragraph: a. The Buildings or hr,provemcnts shall trot be demolished, removed, or rued except as provided in paragraphs 9 and 10 below; b. No other buildingsor strueturea, shall be erected or placed on the property hereafter except for ternporary structures required for the maintenance or rehabilitation of a the property, such as construction trailers, unless such building or structure is both necessary for and compatible with the continued use of the Property and is built in accordance with the Standards and is agreed to by and between bout Grantor and Grantee, C. Subject to the maintenance covenants of paragraph 2 above, the following interior features ofthc Buildings an the Property shall not be removed, demolished, or ahcrcd: 1. 118 SW South River Dr. -Built in cabinets and buffet 2. 104 SW South River Dr. -First floor fireplace and decorative arch to second !Ivor stairway -Second floor fireplace 3. 428 SW First Street -first floor fireplace 4. 438 SN First Street -First floor fireplace and, d. The dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is prohibited on the property, GRANTOR'S CONDITIONAL RIGHTS 4. CONDITIONAL RIGHTS REQUIRING APPROVAL BY GRANTEE: Without the prior express written approval of the grantee, which approval may be withheld or conditioned in the sole discretion of the Grantee, Grantor shall not undertake any ofthe following actions: a. increase or decrease the height of, make additions to, change the exterior construction materials or colors of, or stove, improve, alter, reconstruct, or change the facades (including fenestration) and roofs of tltc Buildings; to. Change the floor plans of the buildings; C. Make perntanenl substantial topographical changes, such as, by example, excavation for the construction of roads; d. Cut down or remove live trees located within the existing lawn and landscape areas; and, C, Change the zoned use of the Property to another use, unless such proposed change in zoned use of the Property is agreed to by both Grantor and Grantee and does not impair the significant conservation and preservation values of the Property and docs not conflict with the Purpose of the Easement. S. REVIEW OFGRANTOR'S REQUESTS FOR APPROVAL: Grantorshall submit to grantee for Grantee's approval of those conditional rights set out at paragraph 4 information (including plans, specifications, and designs where appropriate) identifying the proposed activity with reasonable specificity. In connection therewith. Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit grantee to monitor such activity. Grantor shall not undertake any such activity until approved by Grantee. Grantee reserves the right to consult with governmental agencies, non-profit .. cox _vapor t tins.+ l OFF. REC sk 211OOPGO747 prescnilion and conservation organizations, or other prescn•adon or conservation experts, eonceming the appropriateness or any activity proposed under this casement. Grantor shall make no change or take any action subject to the approval of granite unless expressly authorized in writing by an authorized representative of the Grantee. U. STANDARDS FOR REVIEW: Grantcc shall apply the Standards in exercising any authority created by the Easement: to inspect the Property and those interior features specified in paragraph 3 above; to review any construction, alteration, repair, or maintenance; or to review casualty damage or to reconstruct or approve reconstruction of any building, improvement, or specified interior feature following casualty damage. ?. PUBLIC ACCE=SS: Grantor shall make the Property and any interior space subject to this easement accessible to the public on a minimum of 4_ days per year. At other timcs deemed reasonable by Grantor, persons uffiliatcd with certain historic preservation and conservation organizations, educational institutions, and professional arch i icciural associations maybe admitted to study the property. Grantcc may make photographs, drawings, or other representations documenting the significant historical, cultural, and architectural character and features of the property and distribute them to maga7incs, newsletters, or other publicly available publications, or use them to fulfill its charitable and educational purposes. GRANTOR'S RESERVED RIGHTS 8. GRANTOR'S RESERVED RIGHTS NOT REQUIRING FURTHER APPROVAL BY GRANTEE; Subject to the provisions of paragraphs 2, 3, and 4, the following rights, uses, and activities of or by Grantor on, over, or under the Property are permitted by this Easement and By Grantee without further approval by Grantee: a. The right to engage in all those acts and uses that : (i) are permitted by governmental statute, ordinance, or regulation; (ii) do not substantially impair the conservation and preservation values of the Propeny; and (iii) are not inconsistent with the purpose of this Easement; b. Pursuant to the provisions of paragraph 2, the right to maintain and repair the Buildings strictly according to the Secretary's Standards. As used in this sub -paragraph, the right to maintain and repair shall mean the use by Grantor of in-kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained. for the purpose of retaining in good condition the appearance and construction of the Buildings. The right to maintain and repair as used in this sub -paragraph shall not include the right to make changes in appearance, materials, colors, and workmanship from that existing prior to the maintenance and repair without the prior approval of Grantcc in accordance with the provisions of paragraphs 4 and 5; C. The right to continue all manner of existing use and enjoyment of the Property's Buildings, improvements, and landscaping, including but not limited to the maintenance, repair, and restoration of existing fences; the right to maintain existing driveways, roads, and paths with the use of same or similar surface materials; the rights to maintain existing utility lines, gardening and building walkways, steps, and garden fences; the right to cut, remove, and clear grass or other vegetation and to perform routine maintenance, landscaping and horticultural activities, and upkeep, consistent with the Purpose of this casement; and r . .Til •�.�1-�'�v4• w r. net at. 2�1ORPGO748 d. The right to conduct at or on the Property educational and non-profit activities that arc not inconsistent with the protection of the conservation and preservation values of the Property. CASUALTY DAMAGE OR DESTRUCTION: INSURANCE 9• CASUALTY DAMAGE OR DESTRUCTION: In the event that the Buildingsor any pan thereof shall be damaged or destroyed by Fire, flood, rain or hail storm. windstorm, hurricane, earth movement, or other casualty, Grantor shall notify Grantee in writing within thirty (30) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. Grantor shall undertake no repairs or reconstruction of any type, other than temporary emergency work to prevent Further damage to the Buildings and to the Property and to protect public safety without Grantee's prior written approval. Within sixty (60) days of the date of damage or destruction, if ruyuired by Grantee, Grantor at its expense shall submit to the Grantee a written report prepared by a qualified restoration architect or engineer, who are acceptable to Grantor and granite, which report shall include the following: a. An assessment of the nature and extent of the damage; b. A determination of the feasibility of the restoration of the Buildings and/or reconstruction ofdantaged or destroyed portions of the Buildings; and C. A report of such restoration/reconstruction work necessary to return the Buildings to the condition existing at the date hereof, 10. REVIEW AFTER CASUALTY DAMAGE OR DESTRUCTION: If, after reviewing the report provided in paragraph 9 and assessing the availability of insurance p(rocecds after satisfaction crony mortgagec's/Icndcr's claims under 11, Grantor and grantee agree that the Purpose of the Easement will be served by such restoration/reconstruction, Grantorand Grantee shall establish a schedule under which Grantor shall complete the restoration/rcconstruction of the Buildings in accordance with plans and specifications consented to by the parties up to at least the total of the casually insurance proceeds available to Grantor. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagec's/lender's claims under paragraph 11. Grantor and Grantee agree that restoration/reconstruction, Grantor and Grantee agree that restoration/reconstruction ofthc Property is impractical or impossible, or agree that the Purpose of the Easement would not be served by such restoration/reconstruction, Grantor may, with prior written consent of Grantee, alter, demolish. remove, or raze one or more of the Buildings, and/or construct new improvements on the Property. Grantor and Grantee may agree to extinguish this Easement in whole or in part in accordance with the laws of the State of Florida and paragraph 25 hereof If, ager reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee'sliender's claims under paragraph 11, Grantor and Grantee arc unable to agree that the Purpose of the Easement will or will not be served by such restoration/reconstruction, the matter may be referred by either party to binding arbitration and settled in accordance with the state of Florida's arbitration statute then in effect. s i 7• ' �-, •;:��i =s..tr, , .,� 4 .�, � ti' � ; ,� Y lir. �t Orr. NEC K 20 r 08PG0749 11. INSURANCE. Grantor shall keep Property insured by an insurance company for the full mplaecinew value against loss from perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death, and properly damage. Property damage insurance shall include change in condition and building ordinance coverage, in form and amount sufficient to replace fit', ly the damaged Property and Buildings without cost or expense to Grantor or coinsurance front Grantor. Such insurance shall include Grantee's interest and name Grantcc as an additional 'insured. Grantor shall deliver to Grantee, within ten (10) business days of the receipt of Grantee 's written request therefore, certificates of such insurance coverage, Provided, however, that whenever the Property is encumbered with a mortgage or decd of trust, nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee/tender to the insurencc proceeds. INDEMNIFICATION; TAXES 12. INDEMNIFICATION: Grantor hereby agrees to pay, protect, indemnify, hold harmless and defend at its own cost and expense, Grantee, its agents, trustees, directors, officers, and employees, or independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses, and expenditures (including reasonable attorney's fees and disbursements hcrcafter incurred) arising out of or in connection with injury to or death of any person; physical damage to the Property; the presence or releascin, on, or about the Properly, at any time, of any substance now or hereaticr defined, listed, or otherwise classified pursuant to any law, ordinance, or regulation as a hazardous, toxic, polluting, or contaminating substance; or other injury or otherdarnagc occurring on orabout the Property, unless such injury or damage is caused by Grantee or any agent, trustee, director, officer, employee, or independent contractor of Grantee. In the event that Grantor is required to indemnify Grantee pursuant to terms of this paragraph, the amount of such indemnity, until discharged, shal l constitute a lien on the Property with the same effect and priority as a mechanic's lien. Provided, however, that nothing contained herein shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the property. 13. TAXES: Grantor shall immediately pay, when first due and owing, all gencrai taxes, special taxes, special assessments. water charges, sewer service charges, and other charges that may become a lien on the Property unless Grantor timely objects to the amount or validity of the assessment or charge and diligently prosecutes an appeal thereof, in which case the obligation hereunder to pay such charges shall be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period following completion of such action. ht place of Grantor, Grantee is hereby authorized, but in no event required or expected, to make or advance upon three (3) days prior written notice to Grantor, any payment relating to taxes, assessments, water rates, sewer rentals, and other governmental or municipality charge, fine, imposition, or lien asserted against the Property. Grantee may make such payment according to any bill, statement, or assessment procured from the appropriate public office without inquiry into the accuracy ofsuch bill, statement, or assessment or into the validity of such tax, assessment, sale, or forfciture. Such payment, if made by Grantee, shall constitute alien on the Property with the effect and priority as a mechanic's lien. Provided, however, That • .. f J. 41.•x' •: • w '>7"- • 1 - OFF Ii"K 201 �SPGQ75Q nothing contained herein shall jeopardize the priority ofany recorded lien of mortgage or decd of trust given in connection with a promissory note securest by the propeny. ADMINISTRATION AND ENFORCEMENT 14. WRITTEN NOTICE: Any notice that either Grantor or Grantee may dcsirc or be required to give to the other party shall be in writing and shall be delivered by one of the following methods: ono -day (overnight) courier, postage prepaid; facsimile transmission, registered or certified mail with return receipt requested, or hand -delivery. If the notice is sent to the Grantor, then it shall be sent to 118 SW South Rivcr Drive. Miami, Florida 33130, and, if to Grantee, then to 116 New Montgomery, 4th floor, San Francisco, CA. 94105. Each puny may change its address as set forth herein by a notice to such effect to ttte other party. 15. EVIDENCE OF COMPLIANCE: Upon request by Grantor. Grantee shall promptly fumish grantor with certification that, to the best of Grantee's knowledge, Grantor is in compliance with the obligations of Grantor contained herein or that otherwise evidences the status of this Easement to the extent of grantee's knowledge thcrcof. Ib, INSPECTION: With appropriate prior notice to Grantor, representatives of Grantee shall be permitted at all reasonable limes to inspect the Property, including such interiors of Buildings that may be protected by this Easement. 17. GRANTEE'S REMEDIES: Grantee may, following reasonable written notice to Grantor, institute suit(s) to enjoin any violation of the ternis of this casement by er parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Property and Buildings to the condition and appearance that existed prior to the violation complained of. Grantee shall also have available all legal and other equitable remedies to enforce Grantor's obligations hereunder. Prior to commencing any legal or equitable remedies against Grantor available to Grantee under this agreement, Grantee shall first submit any such dispute or claim to mediation in accordance with the rules and procedures promulgated by the Florida Supreme Court for the Florida Bar, to be paid at the expense of the Grantor, the results ofwltich may be binding upon the panics. In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection with Grantee's enforcement of the terns of this Easement. including but not limited to all reasonable court costs, and attorney's, architectural, engineering, and or expert witness fees, Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect ofwaiving or limiting any other remedy at any other time. 18, NOTICE FROM GOVERNMENTAL AUTHORITIES: Grantor shall deliver to Grantee copies of any notice of violation or lien relating. to the Property received by Grantor from any governmental authority within five (5) days of receipt by Grantor. Upon request by Grantee. Grantor shall promptly furnish Grantee with evidence of Grantor's compliance with such notice or lien where compliance is required by law. W. NOTICE OF PROPOSED SALE: Grantor shall promptly notify Grantee in writing of any proposed sale of the Property and provide the opportunity for Grantee to explain the tcmis of the Easement to potential new owners prior to sale closing. .=Irk'•• i'-:; :.�: - will F`.. OFF. 4tc K. 20 r O BPGO75 B 20, LIENS: Any lien on the Propertycreated pursuant toanyparagraph ofthis Easement may he confirmed by judgment and foreclosed by Grantee in the some manner as a mechanic's lien, except that no lien created pursuant to this Easement shall jeopardize the priority of any recorded lien of mortgage or decd of trust given in connection with a promissory not secured by the Property. BINDING EFFECT, ASSIGNMENT 21. RUNS WITH THE LAND: Execpt us provided in paragraphs 10 and 25, the obligation imposed by this Easement shall be cl%ctive in pe►petuity and shall be deemed to run as a binding servitude with the Property. This casement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, ami the word "Grantee" shall include all such successors and assignors. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a hours fide transfer, The restrictions, stipulations, and covenants contained herein in this Easement shall be inserted by Grantor, vcrbatimorbyexpress reference, in any subsequent decd or other legal instrument by which Grantor divests itselfor either the fee simple title to or any lesser estate in the Property or any part [hcreof, including by way of example and not limitation, a lease of all or a portion of the Property. 22. ASSIGNMENT: Grantee may convey, assign, or transfer this Easement to a unit of federal, state, or local government or to a similar local, state, or national organization [hat is a' qualified organization" under Section 170(h) of the Internal Revenue Code whose purposes, inreriiha, are to promote the preservation or conservation of historical, cultural, or architectural resources, provided that any such conveyance, assignment, or transfer requires that the Purpose for which the Easement was granted will continue to be carried out. 23. RECORDING AND EFFECTIVE DATE: Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of Miami-Dada County, Florida Grantor and Grantee intend that the restrictions arising under this Easement take effect on the day and year this instrument is recorded in the land records of Miami-Dade County, Florida. PERCENTAGE INTERESTS; EXTINGUISHMENT 24, PERCENTAGE INTERESTS: For purposes of allocating proceeds pursuant to paragraphs 23.3, Grantor and Grantee stipulate [hat as of the date of this Easement, Grantor and Grantee arc each vested with real property interests in the Property and that such interests have a stipulated percentage interest in the fair market +-slue of the Property. Said percentage interests shall be determined by the ratio of the value of the Easement on the eflective date of this Easement to the value of the Property, without deduction for the value of the Easement, on the effective date of this Easement. T he values on the effective date of the Easement shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to 7..,x'41!. '•� 1 Jia Off, Ire 89. 201OBPGO752 Section 170(h) of the Interna! Revenue Code. The parties shall include the ratio of those values with the Baseline Documentation (or, filo with Grantor and grantee) and shall amond such values, i f accessary, to reflect any final determination thereof by the internal Revenue Service or a court of competent jurisdiction. For purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant, and the percentage interests ofgrantor and Grantee in the fair market value of the Property thereby determinable shall remain constant, except that the value of any improvements made by Grantor after the effective date of this Easement is resented to the Grantor. 25. EXTINGUISHMENT: Grantor and grantee hereby recognize that circumstances may arise that may make impossible the continued ownership or use of the Property in a manner consistent with the Purpose of this Easement and necessitate extinguishment of the Eascrncnt. Such circumstances may include, but are not limited to, partial or total destruction of the Buildings resulting from casualty. Extinguishment must be the result of a judicial proceeding in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Property (or any other property received in connection with an exchange or involuntary conversion of the Property) after such termination or extinguishment, and after the satisfaction of prior claims and any costs or expenses associated with such sale. Grantor and grantee shall share in any net proceeds resulting from such sale in accordance with their respective percentage interests in the fair market value of the Property, as such interests arc determined under the provisions of paragraph 24, adjusted if accessary, to reflect a partial termination or extinguishment of this Easement. All such proceeds receival by Grantee shall be used by Grantee in a manner consistent with Grantee's primary purposes. Net proceeds shall also include, without limitation, net insurance proceeds. In the event of extinguishment, the provisions of this paragraph shall survive extinguishment and shall constitute a lien on the Property with the same effect and priority as a mechanic's lien, except that such lien shall not jeopardize the priority of any mortgage or decd of trust given in connection with a promissory note secured by the Property. 26. CONDEMNATION: if all or any pan of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and grantee shall join in appropriate proceedings at the time of such taking to recover the full value of those interests in the Property that arc subject to the taking and all incidental and direct damages resulting from the taking. After the satisfaction of prior claims and net of expenses reasonably incurred by Grantor and Grantee in connection with such taking, Grantor and grantee shall be respwtively entitled to compensation from the balance of the recovered proceeds in conformity with the provisions of paragraphs 24 and 25, unless othenvise provided by law. INTERPRETATION 27. INTERPRETATION: The following provisions shall govern the effecliveness, interpretation. and duration ofthe Easement: a, Any rule of strict construction desi6med to limit the brsadth of restriction on alienation or use of Property shall not apply in the construction or interpretation of this .. .. - .. ... •.i'.'.., , .:.i:.: a!ir`r ;moi•_ tib' .r ,x r .- •.y, ��.`�: ,. ` ,it�`�f•s h'� WE RITC sL 20 1 DBPG0753 Easement, and this instrument shall be interpreted broadly to effect its Purpose and the transfer of rights and the restrictions on use herein contained. b. This instrument may be executed in two counterparts, one of which may be retained by Grantor and the other, after recording, to be retained by Grantee, In the event of any disparity between the counterparts produced, the recorded counterpart shall in all cases govern. C. This instrument is made pursuant to the Act, but the invalidity of such Act, but the invalidity of such Act or any pan thereof shalt not affect the validity and enforceability of this Easement according to its terms, it being the intent of the panics to agree and to bind themselves, their successors, and their assigns in perpetuity to each term of this instrument whether the 'tnstrumcnt be enforceable by reason of any statute, common law, or private agreement in existence either now or hereafter. The invalidity or unenforccabiiiiyofany provision of this instrument shall not aftcct the validity or enforceability of any other provision of this instrument or any ancillary or supplementary agrccmcnt relating to the subject matter lltcrcof. d. Noth ing contained herein shat l be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the tcmis hereof, Grantor promptly shall notilji Grantee of such conflict anis shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both this Easement and such ordinanceorregulation. C. To the extent that Grantor owns or is entitled to development rights which may exist now or at Some time hcreaficr by reason of the fact that under any applicable zoning or similar ordinance the Property may be developed to a more intensive use (in tcrmS Or height, bulk, or other objective criteria related by such ordinances) than the Property is devoted as of the date hereof, such development rights shalt riot be exercisable on, above, or below the Property during the term of the Easement, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the Purpose of this Easement. f. To the extent that any action taken by grantee pursuant to this Easement gives rise to a claim of breach of contract, Grantor and Grantee agree that the sole remedy on the pan or the grantor shall be reimbursement of actual direct out-of-pocket expenses j reasonably incurred by Grantor as a result otsuch breach and that grantor shall not have any right to indirect, consequential, or monetary damages in excess of such actual direct out-of-pocket expenses. i AMENDMENT ?S. AMENDEMENT: frcircumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee may by mutual %vrittcn agreement jointly amend this Easement, provided that no amendment shall be made that will adversely affect the qualification of this Easement or the status of the Grantee under any applicable laws, including Sections 170(h) and 501(c)(3) of the Internal Revenue Code and the laws of the State of Florida. Any such amendment shall be consistent with the protection of the conservation and preservation values of the Property and the Purpose of this Easement; shall not affect its perpetual duration; shall not pennnit additional residential and/or commercial deve;opment on the Property other �'t • r . � w .• II=: y.-.�.--..-r-...ter. i" 1 ` M 1 f �1a f{. •� �Y � `��Ji . .3.'1'7<:i -�4 ' •rY' At.; WE 20 P 08PG0754 than the residential and/or commercial development permitted by this Easement on its effective date; shall not permit any private inurement to any person or entity; and shall not adversely afficct the overall historical, architectural, natural, or cultural values protected by this Easement. Any such amendment shall be recorded in the land records of Miami -Dade County, Florida. Nothing in this paragraph shall require grantor or grantee to anv amendment or to consult or negotiate regarding any amendment. ENDOWMENT 29, ENDOWMENT: Grantor agrees to assist the Grantee in the establishment of an Endowment. benefiting this Property and in favor of the Grantec, through a one-time gilt to the Grantec of 510,000.00. The Endowment shall serve the sole purpose of ensuring that adequate resources are available to the Grantee for regular and, at a minimum, annual inspection of the conditions of the Property during the existence of this Easement and to ensure the Grantee's ability to comply with any other conditions fulfilling the Purposes of the Easement and contained herein. The Grantee shall manage or invest the Endowment in such a manner that reasonably assures that the Endowment is perpetually maintained for the benefit of the Property. THIS EASEM ENT reflects the entire agreement of Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless set out in this instrument. TO HAV E AND TO HOLD, the said Preservation and Conservation Easement, unto the said Grantee and its successors and permitted assigns forever. This DEED OF PRESERVATION AND CONSERVATION EASEMENT may be executed in two counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. + :y •+?: S y ,t4�t y UK RICK. 20108PG0755 IN WITNESS WHEREOF, Grantor and Grantee have set their hands under seal on the day(s) and year set forth below. WITNESS: ' Print Namc: Q061(4 (I. i"'(1// ...,�• f WTESS: 7 2 4,ne, I. , e...1 'e V 1 Z' Print Name: ' STATE OF FLORIDA COUNTY OFA'IIAMI-RADE GRANTOR: Miami River Inn L.L.C. Sail)t VJudc Solitary Member i - Date: SS'�2t�-LL `iL7L 41i_ The foregoing instrument was acknowledged before me this ;0 day of &ff,.44 .200 , by �t,. Jl IL & .+�.a�4 , as r, f1-` bat of Grantor, &I. eu.ttZ�S�� I,%„ ac, a limited liability corporation of he State of Florida, on behalf of said corporation. S/He (notary choose one): [k1lis personally known to me, or [ ] has produced as identification. Prepared by: Christopher R. Eck, Esquire Miami -Dade Office of Historic Preservation 140 West Flagler Street, Suite 1102 Miami, Florida 33130 Notary Public (NOTARY SEAL) Wft" K4 ? raq��AaMI1'IWO •e , rawsw AP < 0079l�tf c d waa.swssows t , '+ < S,�kf �t}.yt i' �4 + r�t'•.� r ak-atn•� r '� t-� 'a:£ {:+ i � T� � .v�.f'•TOS� � � � ��y 1, YR � Yu � � ' ��yy� �,�� "'L�i [�, L �,M�+.,j��-�,`, off. REC 19. 20108PG0757 Boundary Description of HC Zoning District: Lots 1, 2, 3, 4, 15, 16, 17, and 18, less the Northerly 5 feet of Lots 3 and 4, of Block 18 of the plat of CITY OF MIAMI SOUTH, as recorded in Plat Book V' at Page 41, of the Public Records of Dade County, Florida; together with that unplatted parcel of land fronting on the west bank of the Miami River, extending approximately 100 feet South of the S. W. I Street bridge, between the Miami River and S. W. South River Drive, further described as follows: Beginning at the point where the South line of 13 Street (now called S. W. 1 Street) as shown by the Map of Miami, Dade County, Florida, recorded in Plat Book "B" at Page 41, Pub) is Records of Dade County, Florida, produced Easterly intersects the United States Harbor Line on the Westerly side of the Miami River; thence Northwesterly along said United States Harbor Line a distance of 15.5 feet more or less, to the South side of the S. W. I street bridge as now constructed; thence with a deflection angle of 68 SS'43% more or less, to the left run along said South side of the S. W. I Street bridge as now constructed a distance of 35.58 feet more or less, thence continuing along said South side of the S. W. I Street bridge as now constructed along the arc of a curve to the right, hagin? a radius of 889.92 feet, more or less, and a central angle of 03 30 18" more or less, a distance of 54.44 feet, more or less. to a point on the said South line of 13 Street (now called S. W. I Street) produced Easterly; thence East along said South line of 13 Street (now called S. W. 1 Street) produced Easterly a distance of 96.91 feet, more or less, to the point of beginning. Being the same property conveyed to the grantor and her deceased husband by the City of Miami by Quit Claim Deed dated Aprfl 21, 1931 and recorded in Deed Book 1442 at Page 303 of the Public Records of Dade County, Florida; and beginning at a point where the North line of Lot 3 of Block 18 South, according to Knowlton's Plat of Miami, Florida, produced East intersects the Easterly boundary of South River Street; thence Southerly along said Easterly line of South River Street to apoint where a ifne drawn east and west through the center of Lot 2 if produced East intersects the Easterly line of South River�4treet; thence Easterly along said center line of Lot 2 produced east to' the 'low mark of Miami River; thence Northerly along said low water ifne to a point where the North line of said Lot 3 produced east would intersect said low water line; thence Westerly along said line produced East to point of beginning; with all submerged land between this tract and the channel of the Miami River, together with all riparian rights. LESS that portion thereof conveyed to the City of Miami by deed dated February 6, 1931, recorded in Deed Book 1445 at Page 524 of the Public Records of Dade County, Florida, and also less that portion dedicated to the City of Miami by deed dated March 26, 1935, recorded in Deed Book 1622 at Page 342 of the Public Records of Dade County, Florida. HC Zoning Classification: Historic District M !FZ HRq� RUNN MfRKC0gC Ir CoWr Chief of Hearing Boards, Department of Planning and Zoning May 20, 2015 Page 11 Exhibit G Florida Department of Transportation's "Presentation to Bridge Aesthetic Committee" for SR 968 / SW 1 st Street Bascule Bridge Over the Miami River SAVAGE — LEGAL, Wit G.#IIF Ali!!' tr rye,, 51 # OF All { $ £$ f }, d. BRIDGE REPMEMENT iiPz�a�ye' £`.CJS EMENT .._` Roadway Geometric Constraints uesign F"'hase Improvement - Spanning the Greenway �- i �` Tv..._tf a smsafe sem � k a m s tam t — E FF" A&—z IF 4 it F e 7 EP#C stp� 17 t" Tlfze1 Gam°, � lkw u ft- u:s3rsr --szesa gxmr' �s— e a d e S="ta ar s3xc326 t sa a 5ur-- e spr= s` Aix: rg -A 59as x`' r + -u' -,-. .,a a c�;. s m ism# ` c _ 9w #srt.� z f"'� E ww —� � :�e� � a.a sCr RY -Y-. _ — "---------4 L—_— —__- aEVATION baa *.W � �-. z��c� tz t*a- VA XW o-rin' lir 44G111It., UC1dtilite Pit:LUCJLl-1 9 ISM MEN.. # ;a :2 �L a� r a 0 00 ESE Ml ME Ell BRIDGE ' T : OP 20 rl% bridge Design -Approach Spans OF F��l„ fu f, r tL EPLAGEMENT OF F��l„