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City of Coral Gables

File #: 07-0864    Version: 1 Name: Laura Russo - Old Spanish Village encroachment
Type: Resolution Status: Adopted
File created: 9/14/2007 In control: City Commission
On agenda: 9/25/2007 Final action: 9/25/2007
Enactment date: Enactment #: 2007-220
Title: Laura L. Russo, Esq., of Russo & Baker, P.A., on behalf of Ponce Circle Developers, LLC., Owners, requesting permission for encroachments into the right-of-way consisting of building architectural elements including but not limited to decorative balconies, balcony extensions, roof overhangs, building portions, colonnade, cornices, stone veneer, entry vestibule, doors, steps and landings and concrete bands, and with site improvements including but not limited to, pavers, planters, a six inch (6") drain underground storm water pipe, lighting, landscaping, tree grates, fountains, pedestrian bridge, entrance feature pylons, landscape lighting and up lighting, adjacent to the "Old Spanish Village" project in Coral Gables, Florida.
Title
Laura L. Russo, Esq., of Russo & Baker, P.A., on behalf of Ponce Circle Developers, LLC., Owners, requesting permission for encroachments into the right-of-way consisting of building architectural elements  including but not limited to decorative balconies, balcony extensions, roof overhangs, building portions, colonnade, cornices, stone veneer, entry vestibule, doors, steps and landings and concrete bands, and with site improvements including but not limited to, pavers, planters, a six inch (6") drain underground storm water pipe, lighting, landscaping, tree grates, fountains, pedestrian bridge, entrance feature pylons, landscape lighting and up lighting, adjacent to the "Old Spanish Village" project in Coral Gables, Florida.
CITY MANAGER'S RECOMMENDATION:That the request for encroachments consisting of building architectural elements  including but not limited to, decorative balconies, balcony extensions, roof overhangs, building portions, colonnade, cornices, stone veneer, entry vestibule, doors, steps and landings  and concrete bands, and with site improvements including, but not limited to pavers, planters, a six inch (6") drain underground storm water pipe, lighting, landscaping, tree grates, fountain, pedestrian bridge, landscaping lighting and up lighting, adjacent to the "Old Spanish Village" project in Coral Gables, Florida, be approved, subject to Public Works requirements.
BRIEF HISTORY:
The request was made by Laura L. Russo, Esq., of Russo & Baker, P.A., on behalf of Ponce Circle Developers, LLC., Owners, for permission to encroach into the right-of-way with  decorative balconies, balcony extensions, roof overhangs, building portions, colonnade, cornices, stone veneer, entry vestibule, doors, steps and landings and concrete bands, and with site improvements including but not limited to, pavers, planters, a six inch (6") drain underground storm water pipe,  lighting, landscaping, tree grates, fountains, pedestrian bridge, entrance feature pylons, landscape lighting and up lighting, adjacent to the "Old Spanish Village" project in Coral Gables, Florida.
This recommendation is subject to following requirements of the Public Works Department:
 
a)  That the landscaping and irrigation plans be approved by the Public Service Department and/or the Landscaping Encroachment Review Committee.
 
b)  That the proposed encroachments be constructed in accordance with the Florida Building Code, and all pertinent codes.
 
c)  The City of Coral Gables reserves the right to remove, add, maintain, or have the Applicant remove any of the improvements within the right-of-way, and at Applicant's expense.
 
d)  That the Applicant maintains the proposed encroachments in good condition at all times, and at Applicant's expense.
 
e)  That the Applicant meet with the City Attorney's office for the purpose of providing all the information necessary for that office to prepare a Restrictive Covenant to be executed by the Applicant which runs with the title of the property, and which states, in addition to the above mentioned, that the Applicant of the property will provide Public Liability Insurance coverage for the encroachment in the minimum limits required by the City, and naming the City as an additional insured under the policy.
 
f)    That copies of the Restrictive Covenant, when fully executed and filed, together with certification of required insurance, shall be presented to the Building Department and to the Public Works Department and permits thereafter be obtained for the work from both of these Departments.
 
g)    That the Applicant shall replace, at the Applicant's expense, any portion of the encroachment affected, in the event the Public Works Department must issue a permit for a utility cut in the proposed area.