A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE, IN A FORM APPROVED BY THE CITY ATTORNEY, A DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT (“DECLARATION”) REGARDING IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY, BY SHORE CLUB PROPERTY OWNER LLC, A DELAWARE LIMITED LIABILITY COMPANY (“OWNER”), IN FAVOR OF THE CITY OF MIAMI BEACH (THE “CITY”), TO DESIGN, CONSTRUCT, AND INSTALL LANDSCAPING AND ASSOCIATED IMPROVEMENTS (“IMPROVEMENTS”) ON THE OWNER’S PROPERTY AND IN CERTAIN PORTIONS OF THE PUBLIC RIGHT-OF-WAY ABUTTING THE PROPERTY LOCATED AT 1901 COLLINS AVENUE (“PROPERTY”) AND REQUIRING OWNER, AT ITS SOLE COST, TO MAINTAIN THE IMPROVEMENTS.

The Administration recommends the Mayor and City Commission approve the Declaration.

Shore Club Property Owner LLC, a Delaware Limited Liability Company (the “Owner”), holds fee simple title to that certain property known as 1901 Collins Avenue, Miami Beach, Florida (the “Property”), identified by Miami-Dade County Folio No. 02-3226-001-0020.

The Owner seeks to develop a temporary sales center on the Property with improved landscaping along 20^th Street and along the City Beach Walk; (the “Project”).  The Owner also intends to renovate and restore portions of the Property, at which time, will install new landscaping and improvements on the Property and within the City Beach Walk and 20th Street rights-of-way adjacent to the Property, subject to the review and approval of City staff and/or the Historic Preservation Board, as may be applicable (the “Future Improvements”).

The City requires that the Owner design, construct, and install the Improvements, and any Future Improvements, on the Property and in certain portions along the City Beach Walk and 20^th Street adjacent to the Property, substantially in accordance with the plans reviewed and approved by the City (the “Plans”).

The Owner has applied to the City for permission to install the Improvements along the City Beach Walk right-of-way, according to the (“Plans”); the City of Miami Beach has jurisdiction over 20^th Street and the City Beach Walk rights-of-way.

The City has requested that the Owner enter into a Declaration to ensure that Owner will maintain or cause to be maintained, the Improvements, and the Future Improvements, in a good state of repair as required below, without liability or cost to the City.