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HomeMy WebLinkAboutReso 2016-2577 RESOLUTION NO. 2016- r/S77 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY SUFFOLK CONSTRUCTION A/K/A "RITZ CONSTRUCTION OFFICES" FOR A TEMPORARY CONSTRUCTION OFFICE AND FENCE STRUCTURE TO BE LOCATED AT 100 BAYVIEW DRIVE NORTH PARKING LOT, SUBJECT TO CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about September 2, 2016, Suffolk Construction submitted an application to the City requesting a temporary construction office and a construction fence to be located at 100 Bayview Drive north parking lot; and WHEREAS, the City Commission wishes to approve the request to construct the temporary construction office and fence structure. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval. Pursuant to Section 218-14 of the City Code of Sunny Isles Beach, the City Commission hereby approves the application submitted by the Applicant, subject to the conditions set forth herein. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Conditions. The Applicant is required to comply with the following conditions: (1) The project shall be developed substantially in accordance with the plans submitted for the temporary offices. Plans dated received September 2, 2016 for the abovementioned project. Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the City Manager or his/her designee. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. Any revisions to the plans that are not considered minor shall require approval of the City Commission (2) A bond shall be posted by the applicant for the amount $20,000 that would be necessary if the City were placed in the position of having to remove said temporary offices or trailer. (3) Installation and Removal of the trailers must comply with all City and County requirements. Removal shall occur no later than 30 days after Temporary Certificate of Occupancy is R2016-Construction Office Ritz Page 1 of 2 obtained for the development project on the Ritz site, unless a site plan approval for a different project is approved for the subject property. (4) That the Applicant comply with all conditions and permit requirements of the Department of Permitting, Environment and Regulatory Affairs (RER), the Miami-Dade County Fire Department(MDFD), Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (5) If the Applicant does not obtain a building permit within three (3) months of the approval to construct the offices, the approval shall be deemed null and void. (6) That the Applicant shall maintain the property clean and free of any debris. (7) That the fence and side walk shall be maintained in clean and in good condition at all times. Section 4. Effective Date. This Resolution will become effe we u'ion adoption. PASSED and ADOPTED this 6th day of September 21 6. Georg- . Scholl, Mayor ATT _ . EilM,■!. , MMC, City Clerk APPROVED-•t TO FORM Ai/k FICIENCY: ■ ■ '' 'O'i ot, " ity Attorney Moved by: 1014 Seconded by: 4i C.Q, 8y Vote: .-d Mayor Scholl i/(Yes) (No) Vice Mayor Gatto Yes) (No) Commissioner Aelion (Yes) (No) Commissioner Goldman s) (No) Commissioner Levin (Yes) (No) R2016-Construction Office Ritz Page 2 of 2 �S''""Y'r`Ef CITY OF SUNNY ISLES BEACH - O SITE ANALYSIS REPORT � moKP TEMPORARY OFFICES "4-, o',•7.OPO '`T O C'Tr Oi f�1N PN I. Applicant Name: Suffolk Construction 17070 Collins Avenue 268 Sunny Isles Beach, FL 33160 Project name: Ritz Trailer Compound Arlen House Parking Lot (North) PZ2016-10 II. Site Information Location: 100 Bayview Drive North Parking Lot Land Use: Medium to High Density Residential Zoning: RMF-2 High Density Multifamily Total Land area: 13,154 square feet (0.302 acres) Existing Use: Parking Lot Proposed Use: Temporary Offices for the construction of Ritz Carlton project. Total office space is 4,420 square feet. Landscaping: To reflect plans dated received September 2, 2016 Color Palette: To reflect colors submitted on September 2, 2016 Signage: No signage allowed, unless required for safety purposes Lighting: Lighting must comply with minimum outdoor standards at the time of building permitting. Parking requirement: Use Required Provided Business and Professional 1 space/300 sq. ft. Offices 15 Parking Spaces 15 Parking Spaces 4,420 sq. ft. Ritz Temp. Offices PZ2016-10 Page 1 of 2 I Staff Analysis: The Applicant is requesting approval for a temporary office to be located at 100 Bayview Drive north parking lot. The proposal includes a series of trailers with 4,420 square feet of floor area. The offices will consist of construction offices and owner's rep offices. The offices will serve the construction operation of the approved Ritz Carlton Residences. Staff has reviewed the temporary office site plan submitted by the Applicant and Staff does not have any objection to the proposed offices provided that the conditions set forth below are satisfied. Please note that the Applicant intends to maintain parking within the Arlen House property according to the submitted lease agreement. Conditions: (1) The project shall be developed substantially in accordance with the plans submitted for the temporary offices. Plans dated received September 2, 2016 for the abovementioned project. Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the City Manager or his/her designee. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. Any revisions to the plans that are not considered minor shall require approval of the City Commission. (2) A bond shall be posted by the applicant for the amount $20,000 that would be necessary if the City were placed in the position of having to remove said temporary offices or trailer. (3) Installation and Removal of the trailers must comply with all City and County requirements. Removal shall occur no later than 30 days after Temporary Certificate of Occupancy is obtained for the development project on the Ritz site, unless a site plan approval for a different project is approved for the subject property. (4) That the Applicant comply with all conditions and permit requirements of the Department of Permitting, Environment and Regulatory Affairs (RER),the Miami-Dade County Fire Department(MDFD), Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (5) If the Applicant does not obtain a building permit within three(3)months of the approval to construct the offices, the approval shall be deemed null and void. (6) That the Applicant shall maintain the property clean and free of any debris. (7) That the fence and side walk shall be maintained in clean and in good condition at all times. Ritz Temp. Offices PZ2016-10 Page 2 of 2 I S,NNY,s4 TEMPORARY USE/STRUCTURE APPL=C C E I\ E AF § 265-14 - _ti Fes` 1 u , \ ,. Z _. TI ■ - t Appl cation • Date Receiv.0- SF P •.2 .2016 y OP r yFc �•F�oa� o, Initials __� 0 irr OF SUN Fa NL`. - PLANNING & ZONING DEPT. Ritz Carlton - Temp Fence & TraileR'cRfl NIVusles Beach,FL 1. Proposed Project Name: @ Arlen House Lot (North) 2. Name of Applicant Suffolk Construction a. If applicant is the owner,give name exactly as recorded on deed. b. If applicant is lessee,attach copy of valid lease and Property Owners Sworn-to-Consent. See Attachment/ i c. If applicant is a corporation,partnership,limited partnership,or trustee,a separate Disclosure of Interest form must be completed. d. The property owner and/or applicant hereby waive,release,indemnify,hold harmless, and forever discharge the City of Sunny Isles Beach from any and all claims,losses. demands,contracts,expenses,cause of action,lawsuits,damages and liabilities,of every kind and nature,whether known or unknown,in law or equity,liability as to any claims that may arise from this application. 3. Applicant Mailing Address 17070 Collins Avenue Suite 268 City Sunny Isles State FL zip 33160 _ Tel. #(during working hours) 786-804-4492 Other786-863-0061 4. Name of Property Owner Arlen House Condo (East) Mailing Address 100 Bayview Drive City Sunny Isles State FL zip 33160 Tel.#(during working hours) 305-944-3543 Other 5. Contact Person Grisell Vazquez Mailing Address 17070 Collins Avenue Suite 268 City Sunny Isles State FL Zip 33160 Tel. #(during working hours) 786-804-4492 Other 786-863-0061 4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a.if subdivided,provide lot,block,complete name of subdivision,plat book and page number. b.if metes and bounds description,provide complete legal description(including section,township and range). c.if separate request apply to different areas,provide the legal description of each area covered by a separate request. d.attach a separate,typed sheet if necessary. Verify the legal description is correct. See Attachment B.MDC Property Information to include Legal Description. City of Sunny Isles Beach •Planning and Zoning Department 1 5. Address or location of subject property: Arlen House (East) North Lot 6. Zoning District: RMF-2 7. Determine type of temporary_use proposed: Ritz Carlton - Temp Fence & Trailer Compound @ Arlen House Lot (North) 8. Determine length of time of temporary use proposed,starting and ending date(maximum of one(1)year)per application: August 15, 2016 thru August 15, 2017 9. Requirements: -I a. Site plan drawing showing layout of the intended use/structure along with a business write-up describing dates of operation, hours of operation,parking, safety,fencing,etc. See Attachment C. b. Emergency plan layout,if applicable. See Attachment C. c. Non-refundable payment of$2,500.00 made to the City of Sunny Isles Beach.See Attachment D. d. Applicant/contractor must submit Insurance Certificate with City of Sunny Isles Beach as additional insured. See Attachment E. e. The City of Sunny Isles reserves the right to revoke,modify, and terminate this approval at any time for any reason. n r.' 1111111E IM 8 10 • Iw SIGNATURE i F'• ir(APPLICANT) DATE STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 10 day of 1- g g ��� 20/(9,by L 1 \I a - on ehalf of L C9 a �`t- 60,_JIC , a Flo rida corporatio ' (partnership) (other),; I He/She is personally known to me.or has produced M I PC- of identification produced) as identification produced and did take an oath. My Commission Expires: I1 )8)1'1 06,67X-S y p i �� Notary Public, State of Florida at Large tand NOTARY PUBLIC Print Name: j-O tie 1 f2 n `. STATE OF FLORIDA ''4`11-'x`_Cam#FF937260 _ .. ' Expires 11/18/2019 — City of Sunny Isles Beach Planning and Zoning Department 2 (17) n .A P- ° Vazquez, Grisell I From: Alzati, Bryan <BAlzati @suffolk.com> C tom. �yC1 M'ei"n l 4 Sent: Thursday, September 01, 2016 5:09 PM C To: Vazquez, Grisell 1 S e a Subject: FW:Added 5 parking spaces at Arlen MCA I add � Ati)L■ ing s t cis -at Bryan Alzati J '5E Architectural Project Manager ��q�'{ I��� 4 .emu] 'SUFF.OL'KI Suffolk Construction Company 2-0K)1 mss:,.-SKr. D I +17868044430 C- "e— -E (10 C I -1786D147268V www.suffolk.com 1 )0C- IVY e r C 115 m Y�( Please consider the environment before printing this email From:Jonathan Ferreira [mailto:ierreira @kwpropertymanagement.com] Sent:Thursday,September 01, 2016 5:07 PM To:'KeafferRobert'<bobkea @icloud.com>;Alzati, Bryan<BAlzati@suffolk.com>; Diaz,Juan<JDiaz @suffolk.com>; SalAdinolfi<Sadinolfi @fortuneintlgroup.com> Subject: RE:Added 5 parking spaces at Arlen [EI] Hello Bob, Thank you. I have already spoken with the Board President and there is an agreement for the amendment. Please go ahead and have your counsel forward what is needed for signature. Sincerely, Jonathan R.Ferreira, CAM Property Manager Arlen House East GREAT-tean d'elivering-GREAT-services!- - - KW PROPERTY MANAGEMENT& CONSULTING Arlen House East Condominium Association INC 100 Bayview Drive 1 Sunny Isles Beach FL, 33160 Office: 305-944-3453 Fax: 305-944-7086 Email: Jferreira @kwpropertymanagement.com or Manager @arlenhouseeast.com www.ArlenHouseEast.com KWPMC.com II please consider the environment before printing this email. The responses herein are made in good faith and to the best of my ability as to their accuracy. CONFIDENTIALITY NOTICE: The information in this electronic message may be privileged and confidential and is intended for the use of the individual and/or entity named above. If you are not the intended recipient, you are on notice that any unauthorized disclosure, copying, distribution, or taking any action in reliance on the contents of the electronically transmitted materials is prohibited. If you receive this message in error, or are not the named recipient, please notify the sender at the email address above and delete this email from your computer. Receipt by any other than the named recipient is not a waiver of any attorney-client, work product or their applicable privilege. Thank you. Original Message From: KeafferRobert [mailto:bobkea @icloud.com] Sent: Thursday, September 1, 2016 4:12 PM To: Jonathan Ferreira<jferreira @kwpropertymanagement.com>; Bryan Alzati <BAlzati @suffolk.com>;Juan Diaz<JDiaz @suffolk.com>; SalAdinolfi <Sadinolfi @fortuneintlgroup.com> Subject: Added 5 parking spaces at Arlen Jonathan, Thanks for allowing us to rent 5 additional spaces associated with the lot we are leasing on Bayview Dr. $100/ mo per space. Total add of$500 per mo. We will send out an amendment asap for signature. Thank you Bob Keaf 2 — A . nncn -}- A LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as "Lease Agreement"), is made and entered into this :30, `' day of June, 2016, by and between ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation, with a principal place of business located at 100 Bayview Drive, Sunny Isles Beach, Florida 33160 (hereinafter referred to as "LESSOR") and SUFFOLK CONSTRUCTION COMPANY, INC., a Massachusetts corporation, with a principal place of business located at 65 Allerton Street, Boston, Massachusetts 02119 (hereinafter refereed to as "LESSEE"). LESSOR and LESSEE are collectively referred to as the"Parties". RECITALS WHEREAS, the LESSOR is the entity responsible for the operation of the Arlen House East Condominium, in accordance with the Declaration of Condominium recorded in Official Records Book 9067, Page 931 of the Public Records of Miami-Dade County, Florida, and all exhibits and amendments thereto (hereinafter referred to as the"Declaration"). WHEREAS, the LESSOR wishes to lease to LESSEE the real prbperty owned by LESSOR located at 15800 Collins Avenue, Sunny Isles Beach, Florida, as depicted on Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as the"Leased Premises"). NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated - - herein-by refe ence1: - _ LESSOR Page 1 of 10 LESSEE .� 2. PREMISES. The LESSOR hereby leases to the LESSEE the Leased Premises, as depicted on Exhibit "A", attached hereto and incorporated herein by reference. Prior to the execution of this Lease Agreement, LESSEE has inspected the Leased Premises and hereby accepts said premises in"as is"condition according to the present layout, location and condition. 3. TERM. The initial term of this Lease Agreement (hereinafter referred to as the "Initial Term") shall be for a period of two (2) years commencing on July 1, 2016 and expiring on June 30, 2018, unless sooner terminated in accordance with the provisions of this - Lease Agreement. The LESSEE shall have the option to renew this Lease Agreement, on a year-to-year basis (hereinafter referred to as "Renewal Term") commencing as of the date immediately following the expiration of the then preceding year on the same terms and conditions set forth in this Lease Agreement by providing the LESSOR with written notice at -- - least ninety (90) calendar days prior to the expiration of the Initial Term or any Renewal Term, as the case may be, of this Lease Agreement. 4. RENT. (A) The total rent for the Initial Term, which LESSEE hereby agrees to pay to LESSOR, shall be Two Hundred Sixteen Thousand and 00/100 Dollars ($216,000.00), payable by LESSEE in twenty four (24) monthly installments of Nine Thousand and 00/100 Dollars ($9,000.00). Each Nine Thousand and 00/100 Dollars ($9,000.00) monthly payment shall include ten (10) parking spaces in the adjacent lot for the sole use by LESSEE and Sunny Isles Property Venture LLC, its credentialed employees and consultants. Monthly installment shall be due no later than the fifth(51h)day of each month dieing the term of this Lease Agreement. If the fifth (51h) day of the month is a holiday or weekend day, the monthly rent payment will be due no later than the first (1s`) business day after the fifth (5th) day of the month in which the LESSOR Page 2 of 10 LESSEE V/1 payment is due. There will be an extra charge of Thirty and 00/100 Dollars ($30.00) on any check returned by the bank for insufficient funds or account not existing. Any rental payment not received within ten (10) days of its due date will carry an additional charge of One and One-Half Percent (1.5%) as a late penalty fee. Rent payments shall be made to LESSOR at Arlen House East Condominium Association, Inc., c/o Property Manager, 100 Bayview Drive, Sunny Isles Beach, Florida 33160 or at such other offices as LESSOR specifies in writing to LESSEE. (B) If this Lease Agreement is extended by LESSEE,the Parties agree that the rent for the Renewal Term shall be increased by five (5%) percent over the previous year's rent. The rent for each Renewal Term shall be payable by LESSEE in twelve (12) monthly installments at the LESSOR's address above specified or elsewhere as designated from time to time by the LESSOR's written notice to LESSEE. 5. USE OF PREMISES. (A) The LESSEE shall use the Leased Premises as the location for construction office trailers and storage trailers. The use of the Leased Premises shall exclusively be for office type functions, and no heavy construction equipment shall be permitted on the Leased Premises at any time. All vehicles must be registered in advance with the LESSOR's management office, and LESSEE must purchase a transponder from LESSOR at the then going rate for each vehicle accessing the Leased Premises. Transponders are not transferable and may only be issued by the LESSOR. The LESSEE will make no unlawful use of or modify the Leased Premises, except as depicted on Exhibit "A", attached hereto and incorporated herein by reference.The LESSEE will maintain the Leased Premises in a clean, neat condition and will not accumulate or permit the accumulation of any trash, refuse or debris or of anything that is LESSOR Page 3 of 10 LESSEE unsightly or which creates a fire hazard or nuisance or causes inconvenience to adjoining properties. All fences and gates installed on the Leased Premises must include privacy slats or agreed upon privacy screens(i.e. six (6)foot high chain-link fence with a mesh scrim). (B) At the termination of this Lease Agreement, the LESSEE will return the Leased Premises in substantially the same condition as the Leased Premises existed at the commencement of this Lease Agreement, normal wear and tear excluded. Specifically, LESSEE agrees to install lighting on the Leased Premises as per the approved lighting plans;resurface and stripe the lot; and restore the irrigation system and landscaping, if damaged by LESSEE (including the replacement of three (3) trees to replace the trees which will be removed) in substantially the same or better condition, subject to LESSOR's final approval which will not be unreasonably withheld. LESSEE acknowledges and agrees that this is only a lease-of a use right in and to the Leased Premises and does not convey title to the Leased Premises or any interest in the real property upon which the Leased Premises are located. 6. CONSTRUCTION PROVISION. It is understood by and between the Parties that this Lease Agreement is executed specifically with the understanding that the LESSEE will build, construct, complete, install, and furnish construction trailers and related structures on the Leased Premises as depicted on Exhibit "A", attached hereto and incorporated herein by reference. The trailers and related structures shall only be occupied by office staff from LESSEE and Sunny Isles Property Venture LLC. At no time shall LESSEE encumber the Leased Premises with any debt obligations. 7. OWNERSHIP OF BUILDING AND STRUCTURES. It is understood by and between the Parties that any improvements to the Leased Premises will be and will remain the property of LESSEE at the termination of this Lease Agreement. Unless the Parties agree LESSOR( Page 4 of 10 LESSEE otherwise in writing, it is the LESSEE's obligation to remove any improvements made to the Leased Premises prior to vacating the Leased Premises at the conclusion of this Lease Agreement. 8. UTILITIES. All utility costs associated with the LESSEE's trailers are the responsibility of the LESSEE, and LESSEE shall contract directly with any relevant utility provider and make direct payments to the provider. 9. CONSTRUCTION LIEN LAW (Chapter 713, Florida Statutes). When completed, the improvements on the Leased Premises shall be free from all construction liens. In this regard, LESSEE shall comply with all of the applicable laws, statutes, rules and regulations pertaining to the construction of buildings on public property and shall obtain the appropriate permits needed for the construction of the improvements from the - appropriate governmental agency or agencies. 10. SUBORDINATION. This Lease Agreement, and all provisions hereof, are subject and subordinate to the terms and conditions of the instruments and documents under which the LESSOR acquired the Leased Premises and will be given only such effect as will not conflict or be inconsistent with the terms and conditions of those instruments and documents (and any existing or subsequent amendments thereto) and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the LESSOR. 11. LESSEE'S DUTY TO LESSOR. (A) LESSEE hereby agrees to indemnify and hold harmless the LESSOR, its officers, directors, agents and employees from and against all claims, actions, damages, losses, liability, costs and expenses whatsoever, including attorneys' fees at both the trial and appellate level, in connection with loss of life, personal injury and/or damage to or destruction of property LESSOR Page 5 of 10 LESSEE on the Leased Premises arising from or out of any occurrence in, or any part thereof, or • occasioned wholly or in part by any act of omission of LESSEE, its employees, agents, contractors, servants, customers or invitees, and which LESSEE, its employees, agents, contractors, servants, customers or invitees may incur-or which may be claimed or asserted against the LESSOR by any person or entity whatsoever by reason of, or in connection with, or resulting from,this Lease Agreement and any challenges to this Lease Agreement thereof. (B) The LESSEE acknowledges that the LESSOR does not warrant the safety or security of the construction trailers and related structures on the Leased Premises. Notwithstanding anything to the contrary in this Lease Agreement, LESSOR will not be responsible or liable to LESSEE for any damage by or from any act or negligence of any co- tenant or other occupant of the Leased Premises, or by any owner or occupant of adjoining or - contiguous property, or for any damages from any cause whatsoever including but not limited to fire and/or water damage, malicious mischief,vandalism,theft or larceny. 12. INSURANCE. The LESSEE agrees that, at all times during the Initial Term of this Lease Agreement and any Renewal Term thereof, it will purchase and maintain general liability insurance in the amount of Two Million and 00/100 Dollars ($2,000,000.00), per occurrence and in the aggregate, to cover LESSEE's operations on the Leased Premises. The LESSOR shall be named as an additional insured in all policies required to be maintained hereunder. LESSEE shall submit a Certificate of Insurance to LESSOR on or before July 1, 2016, and thereafter within three (3) business days of renewal of all polices. Said Certificate of Insurance shall contain a provision that coverage afforded under the policies will not be cancelled without thirty (30) days prior written notice to LESSOR. All such policies of insurance obtained by LESSEE concerning the Leased Premises shall waive the insurer's right of LESSO Page 6 of 10 LESSEE ���� subrogation. 13. DEFAULT OF LESSEE. If LESSEE defaults in fulfilling or performing any of the covenants or agreements of this Lease Agreement to be kept or performed on its part, and such default is not cured within thirty (30) calendar days of written notice from the LESSOR of such default, the LESSOR may avail itself of any remedies provided by law, including, but not limited to, the right to cure such default, recover possession of the Leased Premises, and/or terminate this Lease Agreement, in which event LESSEE shall immediately relinquish possession of the Leased Premises to LESSOR. 14. TERMINATION. Notwithstanding any provision in this Lease Agreement to the contrary,the LESSOR may terminate this Lease Agreement if LESSEE materially defaults in fulfilling or perforrriiiig any of the covenants or agreements of this Lease Agreement, by providing the LESSEE not less than thirty (30) calendar days' written notice of termination. LESSEE hereby agrees that LESSEE will promptly vacate the Leased Premises by the effective date of the termination as specified in the notice of termination provided by the LESSOR to LESSEE. In the event LESSEE terminates this Lease Agreement by providing LESSOR thirty (30) calendar days written notice, LESSEE shall pay LESSOR a three(3) month rent penalty to LESSOR,due upon the effective date of LESSEE's termination notice. 15. ADDRESSES. Written notice shall be deemed to have been duly served if delivered in person to the LESSOR or LESSEE, or shall be deemed to have been duly given on the date said notice was mailed by United States Certified Mail, Return Receipt Requested, postage prepaid, and addressed as follows (or to such other address as any party may specify by notice to all other parties as aforesaid): LESSOR Page 7 of 10 LESSEE 2 For LESSOR: Arlen House East Condominium Association, Inc. 100 Bayview Drive Sunny Isles Beach, Florida 33160 Attn.: Property Manager For LESSEE: Suffolk Construction Company, Inc. One Harvard Circle, Suite 100 West Palm Beach, Florida 33409 Attn: Juan Diaz, General Counsel-SE Region With a copy to: Suffolk Construction Company, Inc. 65 Merton Street Boston,Massachusetts 02119 Attn: Stephen Carroll, Director of Real Estate 16. ACCESS BY LESSOR. The LESSOR may enter and inspect the Leased Premises during business hours with reasonable notice or in any emergency situation without notice. Notwithstanding the foregoing, LESSEE shall provide LESSOR with keys to any locked gate on the Leased Premises in case of an emergency. 17. OPERATION OF BUSINESS BY LESSEE. The Parties understand and agree that LESSEE will be supervising construction from the Leased Premises. LESSEE, its employees, agents, contractors, servants, customers and/or invitees are strictly prohibited from congregating and/or obstructing traffic on Bayview Drive. 18. LESSEE'S SIGNS. LESSEE, at its sole discretion, may place or cause to be placed a sign or signs on the Leased Premises consistent with LESSEE's business operations. 19. GOVERNING LAW & VENUE. This Lease Agreement shall be construed and governed exclusively by the laws of the State of Florida, without giving effect to its conflict of laws__pro_visions. Any legal_proceeding arising_from this Lease Agreement shall be brought _ LESSO Page 8 of 10 LESSEE only in a court of competent jurisdiction in Miami-Dade County, Florida. 20. WAIVER OF JURY TRIAL. The Parties understand and agree that as a material inducement for entering into this Lease Agreement, they are each waiving any right they may have to a jury trial for any dispute arising out of or relating to this Lease Agreement. In other words, the Parties agree that if there is ever a dispute between the Parties • arising out of or relating to this Lease Agreement, a judge and not a'jury will resolve the matter in its entirety. 21. ENTIRE AGREEMENT. This Lease Agreement contains all of the terms and conditions agreed upon by the Parties regarding the subject matter of this Lease Agreement. Any other prior agreements, promises, negotiations or representations, either oral or written, relating to the subject matter of this Lease Agreement are of no force or effect. This Lease Agreement is executed without reliance upon any representation by any person other than the representations in this Lease Agreement. 22. MISCELLANEOUS. In connection with any litigation including appellate proceedings arising out of this Lease Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. The partial or complete invalidity of any one or more provisions of this Lease Agreement shall not affect the validity or continuing force and effect of any other provision. The failure of either party hereto to insist, in any one or more instances, upon the performance of any of the terms,covenants or conditions of this Lease Agreement,or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant,condition or right as respects further performance. This Lease Agreement may not be amended or modified except by an instrument in writing signed by the party against whom enforcement of such amendment or modification is sought. LESSEE shall neither sublease the LESSOR Page 9 of 10 LESSEE Lease Premises nor assign/transfer this Lease Agreement without first having received the prior written consent of the LESSOR. Notwithstanding, LESSEE shall be able to assign this Lease to Sunny Isles Property Venture, LLC, the developer of the Ritz Carlton Project after providing LESSOR prior written notice. In construing this Lease Agreement,the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders. This Lease Agreement may be executed in any number of counterparts with the same effect as if the Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument. IN WITNESS WHEREOF, the Parties hereto represent that they are fully authorized to enter into this Lease Agreement by and on behalf of LESSOR or LESSEE, as applicable, and have executed this Lease Agreement on the date and year first above written. WITNESS: For LESSOR: Arlen House East Condominium Printed name of first witness Association Inc. B y: et Printed name of second witness Print Name: •` Awn ' Its: QW.c. WITNESS: U X,o For LESSEE: :Li f1- (3,2fd lie f 1,,fe. Suffolk Construction Company, Inc. Printed name of first witness &A/1'4 By 1 _ Printed name of second witness Print Name: Jv01 �A(Li sJ L'tdt-aera- Its: ‘E. co-31 -:�L „mot. sEC.st LESSO Page 10 of 10 LESSEE Suffolk Construction Southeast One Harvard Circle Suite 100 West Palm Beach,FL 33409 561-202-3000 www.suflolk.com June 30,2016 I- Via UPS Ground CO .n Mr.Jonathan Ferreira rn KW Property Management&Consulting �S-1rUFF„OL.,� Arleen House East Condominium Association, Inc. 100 Bayview Drive Sunny Isles Beach,Florida 33160 Re: Lease Agreement between Arlen House East Condominium Association, Inc. (Landlord)and Suffolk Construction Company,Inc.(Tenant) / 15800 Collins Avenue, Sui ny Isles Beach,Florida Dear Mr. Ferreira: Enclosed please find duplicate originals of the Lease Agreement executed on behalf of Suffolk Construction Company, Inc. in connection with the above-referenced premises. Kindly return a fully executed original to my attention at Suffolk's West Palm Beach offices. Sincerely, Suffolk Construction Company,Inc. Juan Diaz General Counsel-SE Enclosures c: Stephen Carroll,Director of Real Estate,Suffolk Corporate ProNearch Application - Miami-Dade County Page 1 of 5 M OFFICE OF THE PROPERTY APPRAISER Detailed Report A1\-0 ail Generated On:8/1/2016 �Y ' l,.t ICJ -„ r Property Information ,� ._ _ Folio: 31-2214-018-0001 t_, ..r;,- K--I N G S==P O N TP-D`R 224 t --4 Property _ �.' --t 4 �.a ,1. - �� �i i perty Address: 100 BAYVIEW DR Sunny Isles Beach,FL 33160-0000 - i 1 a . . Owner REFERENCE ONLY --, - -__ - -v Mailing Address \': s 1_ s Primary Zone 4000 MULTI-FAMILY-63-100 U/A �I { "- Primary Land Use 0000 REFERENCE FOLIO ' SUNNY 1-47 .*,s'e J Beds/Baths/Half 0/0/0 ' " ° BEACH T, -_-'11--- Floors 0 -- -- P - - Living Units 0 / Actual Area 0 Sq.Ft Living Area 0 Sq.Ft :, •- -_ Adjusted Area 0 Sq.Ft ' 44.- J ,�tE eS= .. ..._—*-iii Lot Size 0 Sq.Ft Year Built 0 Taxable Value Information 2015 2014 2013 Assessment Information County Year 2015 2014 2013 Exemption Value $0 $0 $0 Land Value $0 $0 $0 Taxable Value $0 $0 $0 Building Value $0 $0 $0 School Board XF Value $0 $0 $0 Exemption Value $0 $0 $0 Market Value $0 $0 $0 Taxable Value $0 $0 $0 Assessed Value $0 $0 $0 City Exemption Value $0 $0 $0 Benefits Information Taxable Value $0 $0 $0 Benefit Type 2015 2014 2013 Regional Note:Not all benefits are applicable to all Taxable Values(i.e.County, Exemption Value SO $0 $0 School Board,City,Regional). - Taxable Value $0 $0 $0 The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property Appraiser and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http:/t www.miamidade.govfnfo/disofaimer.asp Version: I http://www.miamidade.gov/propertysearch/ 8/1/2016 r AHZiC I'll i ki / L PROP.6FT.HEIGHT PANEL ANIIIC" ' OR WOOD FENCE - ., E �. Vim..:, r ft, :y�, a ! T 1 t --i`ir) S-5 x 5.-5"LANDING(TYP.) q 1 ,, L AT EGRESS =TM X - N 39'ABOVE GRADE) PROP.VEHICLE GATE II_.-_... I. -- 1 ■ H - - ---Suffolk Office 'I,- 2 Ouad Trailer - i` ` _ I 2,620 SF- - .;� rf� f ( a . 39 ' BOV4 v -.1 9 DE 8 t Ii T I I . (2)250 GALLON WATER TANKS -' (2)300 GALLON WASTE TANKS lir 140111' • i N E m I` • _ I '—___�5-5'x RESS'LANDING(fYP.) • p AT EGRESS ppp���.."' (39"ABOVE GRADE) ^R - _ •J _ y c-,/,... w , ) a EXIST.CHAIN LINK FENCE ;;;:::::T:TONE 6 4 _ -/ Fortu I p= -at e Ch Tnil u U d - - !r 600 SF - t - , ' i tor' a� t . _" A■ 36"ABOVE r 5.5'x10'-10'LANDING(TYP.) s GRADE 1 AT EGRESS \ _' L (36'ABOVE GRADE) a �4' '(1 . y , 1. .p� 16 �, \ ' \ -- 1ms, / , \ `° QGoogle 5.. yr a`r ;t PARKING REQ.FOR CONSTRUTION TRIALER SUFFOLK - RITZ 216048 SUFFOLK OFFICE QUAD TRAILER 2,620 SF 09/01/16 S it a Office Layout FORTUNE/CHATEAU TRAILER 1,600 SF Y TOTAL: 4,420 SF Bayview Dr. , Sunny Isle REV-02 REQ.PARKING: 15 SPACES 1 SPACE PER 300 SQUARE FEET GFA 14.73 LEGEND EXIT 4— FENCE -x-x Y '5E .0 to SUFFOLK r . , 'M PROP.6FT.HEIGHT PANEL OR WOOD FENCE A t-1 9 1 N _ I 1 ii,4,061 5'-5•x 5'-5'LANDING(T/P.) `. x 1 I t L AT EGRESS - ii:-"j= ! i = I I I�; i 1 39'ABOVE GRADE) PROP.VEHICLE GATE II i _i Ii I I . 1 I ,F.1 '°. H Suffolt ornea a. . . Quad Trailer, , ,,, il' �- . '( i r 'DE kit It*s r R 1 �� (2)250 GALLON WATER TANKS I y L I ___ _ 2 300 GALLON WASTE TANKS VI 5°-5'x 10'-10•LANDING(TYP.) • _ —_ ______i _A AT EGRESS "r ABOVE GRADE : Suffolk Construction Company Inc City Of Sunny Isles Beach CIT208 DATE INVOICE N® r ,ir ¢<,r � ,?,`•' i9'SO 08-02-16 8022016 216048 - Ritz 2, 500.00 • • • • • • • • • • 9 CHECK NUMBER NUMBER 100083202 TOTAL > ****2, 500 . 00 DATE PLEASE DETACH AND RETAIN FOR YOUR RECORDS Suffolk Construe-lion Comp(iny,Inc. 52-153 / 112 ME NO.°r 100083202 65 Al legion Srreef Bank of America. Boston,Atk 02119 617-445-3500 CHECK'DATE CHECK NUMBER CHECK AMOUNT Aug 10,2016 100083202 $2,500.00 0 °m PAY Two Thousand Five Hundred Dollars And Zero Cents'""' PAY City Of Sunny Isles Beach TO 18070 Collins Ave. THE Sunny Isles Beach,FL 33160 ORDER OF United States ill- m 'PO 1,000832020 1:0LL2015391: 00 2 2 20 2687350 �� lq 1 d f 0 Jen I AcoRLY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD1YYYY) kto...i 8/31/2016 8/31/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lockton Companies NAME: 444 W.47th Street,Suite 900 HOOO,N o,Ext): FAX,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(SI AFFORDING COVERAGE NAIC# INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED SUFFOLK CONSTRUCTION COMPANY,INC. INSURER B: Starr Indemnity&Liability Company 38318 1350086 ONE HARVARD CIRCLE INSURER c: Navigators Insurance Company 42307 WEST PALM BEACH FL 33409 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 12297565 REVISION NUMBER: XXXXXXX -j THISIS TO-CERTIFYTRATTHEPOLTCIES-OF-INSURANCELISTEDBELOW-HAVEBEEWISSUED TO THEINSURED-NAMED ABOVE-FOWTHE}+ULIeY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE D y yp POLICY NUMBER (M POLICY EFF POLICY EXP LMRTS D/YYYY!(MM/DDlYYYY1 A X COMMERCIAL GENERAL LIABILITY N N TB2-641-444149-045 8/31/2015 8/31/2016 EACH OCCURRENCE $ 2,000,000 O CLAIMS-MADE X OCCUR PREMISES(Eaa occcuErrence) $ 100,000 _ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE OMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 POLICY IS FIER& IS LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER $ A AUTOMOBILE LIABLITY N N AS2-641-444149-055 8/31/2015 8/31/2016 COMBINED SINGLE LIMIT j O aBINE $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident $X AUTOS AUTOS ( XXXXXXX X HIRED AUTOS X AUTOSWNED (PeraERde DAMAGE $ XXXXXXX _ $ 3000000C B UMBRELLA LL1B X OCCUR N N 1000022065 8/31/2015 8/31/2016 EACH OCCURRENCE $ 25,000,000 C X EXCESS Lae CLAIMS-MADE AGGREGATE(15Mx10M) 8/31/2015 8/31/2016 AGGREGATE $ 25,000,000 DED I RETENTION S $ XXXXXXX A AND EMPLOYERS'COMPENSATION LIABILITY Y/N N WA2-64D-444149-075 8/31/2015 8/31/2016 X I s ATUTE I IF R ANY PROPRIETORIPARTNERIEXECUTIVE © N/A EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? M Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 IDESCRI�OF OPERATIONS bab. EL DISEASE-POUCY LIMIT _£ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12297565 AUTHORIZED REPRESENTATIVE The City Of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach FL 33160 '1/ •fir ACORD 25(2014/01) ©1 88-2014 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD SVr1NY ,s4_ City of Sunny Isles Beach George "Bud" Scholl, Mayor o d 18070 Collins Avenue Jeanette Gatto, Vice Mayor 9 Sunny Isles Beach, Florida 33160 Isaac Aelion, Commissioner u , ! = Dana Goldman, Commissioner • `,,W 305.947.0606 City Hall Jennifer Levin, Commissioner ' /.�' ro55 994179 036 063 Fax FLO/P P ♦ 0. 5 ,,° Christopher J. Russo, City Manager c.,„ ,,o OF Slit, . Hans Ottinot, City Attorney Jane A. Hines, MMC, City Clerk MEMORANDUM TO: Honorable Mayor and City Commission VIA: Christopher Russo, City Manager FROM: Claudia Hasbun, Planning and Zoning Director DATE: September 6, 2016 RE: Suffolk Construction ("Applicant") Temporary Construction Offices PZ2016-10 100 Bayview Drive (North Parking Lot) REQUEST: The Applicant is requesting approval for a temporary office to be located at 100 Bayview Drive north parking lot. The proposal includes a series of trailers with 4,420 square feet of floor area. The offices will consist of construction offices and owner's rep offices. The offices will serve the construction operation of the approved Ritz Carlton Residences project. Please note that the Applicant intends to maintain parking within the Arlen House property according to the submitted lease agreement. RECOMMENDATION: Staff has reviewed the temporary office site plan submitted by the Applicant and Staff does not have any objection to the proposed offices provided that the conditions set forth below are satisfied. ATTACHMENTS: Application Site Plans Lease Agreement Survey Agenda Item -T 'PI Date 9— (o—a01(40