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R-95-0150
J-95-75 2/23/95 RESOLUTION NO. 95- 150 A RESOLUTION, WITH ATTACHMENTS, REVOKING THE VARIANCE GRANTED PURSUANT TO RESOLUTION NO. 91-92, AS AMENDED BY RESOLUTION NOS. 91-779 AND 92-268; APPROVING THE RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS DATED APRIL 20, 1992 AND THE RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS DATED DECEMBER 14, 1992, FOR THE PROPERTY OWNED BY MIAMI CHINESE COMMUNITY CENTER, LTD.("THE OWNER"), LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA; DIRECTING THE CITY ADMINISTRATION TO: (1) INITIATE DEMOLITION PROCEEDINGS OF THE BUILDINGS LOCATED AT SAID PROPERTY, SAID DEMOLITION TO TAKE PLACE AS SOON AS PRACTICABLE, BUT NO LATER THAN SIX MONTHS FROM THE DATE OF ADOPTION OF THIS RESOLUTION AND TO BE FUNDED FROM MONIES POSTED AS A $250,000 CASH BOND BY THE OWNER; AND (2) RETURN THE BALANCE OF SAID MONIES REMAINING AFTER COMPLETION OF THE DEMOLITION, TO THE OWNER; FURTHER, AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, Miami Chinese Community Center, Ltd. (the "Owner"), is the fee simple owner and record titleholder of the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, more particularly described as Tract A, Chinatown, according to the Plat thereof, as recorded in Plat Book 140, at Page 48, of the Public Records of Dade County, Florida (the "Property"); and ATTACc-1 ��EN7 CITY CAM "yIi MEETING OE FED " 9 1995 Resolution No, 95- 150 WHEREAS, the City Commission, pursuant to Resolution No. 91-92, adopted January 24, 1991, as amended by Resolution Nos. 91-779, adopted October 24, 1991 and 92-268, adopted April 30, 1992, copies of which are attached hereto as Composite Exhibit "A", granted a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida (the "Variance") for the Property; and WHEREAS, the Property is subject to a Declaration of Restrictive Covenants executed by Miami Chinese Community Center, Ltd., in favor of the City, dated April 20, 1992, as recorded in Official Records Book Clerk's File No. 92-R147152, in the Public Records of Dade County, Florida (the "First Declaration of Restrictive Covenants"), a copy of which is attached hereto as Exhibit "B"; and WHEREAS, the Property is also subject to a Declaration of Restrictive Covenants, dated December 14, 1992, recorded in Offical Records Book 15761 at Pages 2913-2916 in the Public Records of Dade County, Florida (the "Second Declaration of Restrictive Covenants"), a copy of which is attached hereto as Exhibit "C"; and WHEREAS, pursuant to Resolution Nos. 91-92, 91-779, and 92-268, Miami Chinese Community Center, Ltd. posted a $250,000 cash bond to guarantee the performance of certain conditions of said Resolutions; and 95- 150 -2- WHEREAS, the First Declaration of Restrictive Covenants and the Second Declaration of Restrictive Covenants each provide that said covenants may be released, modified or amended by written instrument upon approval at a public hearing before the City Commission; and WHEREAS, the $250,000 cash bond posted by the Owner pursuant to Resolution Nos. 91-92, 91-779 and 92-268 may also be released by the City Commission at a public hearing; and WHEREAS, the Owner has requested the revocation of the Variance and the release of the First Declaration of Restrictive Covenants, the Second Declaration of Restrictive Covenants and the $250,000 cash bond; and WHEREAS, the City Commission, following a public hearing, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to revoke the Variance and approve the requestea reieases ana -Lu Cij j:UU U UILU %,.s uy Administration to utilize the cash bond funds to demolish the building on the property and to release any remaining balance of said funds to Owner; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. -3- 95- 150 Section 2. The Variance granted by the City Commission pursuant to Resolution No. 91-92, as amended by Resolution Nos. 91-779 and 92-268 for the Property, is hereby revoked. Section 3. The release of the Declaration of Restrictive Covenants, dated April 20, 1992 (attached hereto as Exhibit "B"), as recorded in Official Records Book Clerk's File No. 92-147152, of the Public Records of Dade County, Florida, and the release of the Declaration of Restrictive Covenants, dated December 14, 1992 (attached hereto as Exhibit "C), as recorded in Official Records Book 15761 at Pages 2913-2916 in the Public Records of Dade County, Florida, for the property owned by Miami Chinese Community Center, Ltd., located at 1801-1859 Biscayne Boulevard, Miami, Florida, are hereby approved. Section 4. The City Administration is hereby directed to: (1) initiate demolition proceedings of the buildings located at said property, said demolition to take place as soon as practicable, but no later than six months from the date of adoption of this Resolution, and to be funded from monies posted as a $250,000 cash bond by Miami Chinese Community Center, Ltd.; and (2) return the balance of said monies remaining after completion of the demolition to Miami Chinese Community Center, Ltd. 95- 150 -4- Section 5. The City Manager or his designee is hereby authorized`/ to execute any documents necessary, in a form acceptable to the City Attorney, to effectuate said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of February, 1995. ST PHEN P. CLA , MAYOR CITY CLERK PREPARED AND APPROVED BY: 74;� M. 'a� IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LTYl ATTORNEY ' I I I M4858/IMK/bjr The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and Code provisions. 9 5_ 150 ma J-92-296 t/30/92 RESOLUTION NO. 92- 268 A RESOLUTION, WITS ATTACSMENTS, CONCERNING THE CEINATOWN PROJECT, LOCATED AT 1901-1899 BISCAYNE BOULEVARD, MIAMI. FLORIDA. AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24. 1991, AND AMENDED BY RESOLUTION NO. 91-779, ADOPTED OCTOBER 24, 1991, WHICH GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, TER ZONING ORDINANCE OF TEE CITY OF MIAMI, FLORIDA, BY DELETING TER CONDITION WHICE REQUIRED TEAT TER CITY BS PLACED IN A POSITION OF MORTGAGEE NITS RESPECT TO BOTS TER BISCAYNE BOULEVARD PROPERTY AND TEE NORTHEAST 4TS AVMMS PROPERTY FOR AN AMOUNT NO LESS TIAN $250.000 AND REQUIRING TEAT TEE APPLICANT POST AN AMOUNT OF $250.000 11 CASE, ON OR BEFORE AUGUST 30, 1992, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY: BY CSANGI'NG TEE, DATE BY WHICE TER CONSTRUCTION OF THE, SECOND PEASE, OF THE APPLICANT'S PROJECT SHALL COMMENCE,; BY DELETING TEB CONDITION OF SAID VARIANCE, TRICS REQUIRED TRE, CITY OF MIAMI ('CITY') ADMINISTRATION AND TES CITY ATTORNEY TO P20VIDS ASSURANCES TO TEE CITY COMMISSION TRAT. •TES CITY IS GUARANTEED AN EQUITY IN EXCESS OF $ 250 , 000 0 ; CLARIFYING TEAT ALL PLANS AND PE WTS SHALL HE, EEPT IN ESCROW! BY Tam PLANNING. BUILDING AND ZONING DEPARTMENT AND TEAT NO DEMOLITION OR CONSTRUCTION SHALL TAE2 PLACE AT TER BISCAYNE BOULEVARD PROPERTY 02 AT TSE NORTHEAST 4TS AVENUE PROPERTY UNTIL SUC31 TIXX TEAT THE APPLICANT POSTS SAID $250,000, PAYS ALL FEES TEAT ARE DUN FROM TEE, APPLICANT RELATED TO THE CHINATOWN PROJECT, INCLUDING BUT NOT LIMITED TO. DADS COUNTY IMPACT FEET AND CITY OF MIAMI IMPACT FEES. AND TRAT T12 PLANNING. BUILDING AND ZONING DEPARTMENT APPROV23 TIE FINAL BUILDING PWWIT; CLARIFYING TEAT. SHOULD THE APPLICANT FAIL TO POST SAID $250,000, PAY ALL FEES DUE, OR OBTAIN APPROVAL OF TEE FINAL BUILDING P3.Em=j ON OE BEFORE AUGUST 30. 1992. THE VARIANCE GRANTED BY RESOLUTION NO 91-92. AS AXUD=D BY RESOLUTION 10. 91-779. SX4LL IVIRS: FORTIER. BY DELETING TIB CONDITION THAT A•. CUAA2NT APPRAISAL AND A CURRENT TITL2 INSURANCE POL=Cy P2ATAINING TO BOTI TIE, 318CAYNI BOULEVARlD PROPS= AND Tn NORTHEAST 4TH AVENUE PROPERTY HE RECEIV= BY TIE CITY ATTORM. 9 5 ATTACHMENT (S) CONTAIND 15o W.Z a or Git APR 3 0 S92 94""lb8 I VIEREAS, the City Commission at its meeting �t January 24, 1991, adopted Resolution No. 91-92 granting a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami. Florida. subject to certain conditions not forth in said Resolution, a copy of which is attached hereto as Exhibit "A"; and WHEREAS. the City Commission at its meeting of October 24. 1991. adopted Resolution No. 91-779 granting the applicant's request to amend Resolution No. 91-92 subject to certain conditions not forth in said Resolution►, a copy of which is attached hereto as Exhibit "80; and WHEREAS, the City Commission deems It advisable to further amend Resolution No. 91-92 to Clarify one of the conditions of the Variance as hereinafter not forth; NOW, TZMFORX, Ss IT RESOLD BY THR COXXIBSIOR OF TEX CITY" OF MIAMI. FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution so. 91-92. adopted January 24. 1991. is her" further amended in the following partioulars:� Words and/or 'figures stricken through shall be deleted. Underscored words and/or figures sha13 be added. The remaining provisions are now is effsot and resain unchanged. Asterisks indicate omitted and unchanged material. -2- 95- 150 52- 268 Section 1. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9800, as amended, the Zoning Ordinance of the City of Miami, Florida. Schedule of District Regulations, Page 4 of e, "Minimum Open Space Requirements°► and "Minimum Off -Street Parking Requirements and Article 20► Section 2008► Subsection 2008.9.2.1. Section 2013 and Section 2023, Subsection 2023.4. to thereby allow the Construction of a 70.028 Square foot Commeroial building; providing zero (0) of 318 required off-street parking spaces; zero (0) of three (3) required off-street loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 58t/31►839 square feet open space (64%/34►070.21 square feet required); 17%/9.200.43 square feet of pedestrian open space (21%/11,474.6 square feet required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast lath Street for the property located at 1a01-189A Biscayne Boulevard. Miami. Florida, also described as Tract A. Tentative Plat No. 1380 - •CBZNATOWN6, as per plans on file dated November 7, 1940, is hereby granted, said variance having a time limitation anti March 2. 1991 in which a building permit must be obtained, and being conditioned upon the folloving: (1) the 80 parking spaces (as indicated on plans an file dated November 7. 1990) must be provided on the back portion of the block (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November T. 1900) mast be provided prior to issuance of Certifioate of Occupancy; (3) a Unity of Title for Tract A. vhereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property. must be provided prior to issuance of a building permit; (4) is the event that the applicant provides the 80 parking spaces at an alternate location is accordance with applicable City Code provisions aasd regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (d) said plan must receive landscape plan approval by the Planning, Buil and Zoning Department of the City of Miami, norida; B) nay request for changes to the herein-ratereaoed pplan for parking spaces lust be presented at a 3o hearing of the Zoning Board. said request for publichear to be initiated and paid for by the applicant; sad 7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions snbjeot to the approval of the City Attorney Waiving, however, the requirement that all mortgagees join in said covenant, must be filed in the Public Records of Dade County, Florida; 95- 150 92- 268 0 said variance being also conditioned upon the L"t'ty ith Ave f Or &Pnliearit Posting aA amount =rt i250,000 In cash.:rn.�CZ b� _ t� 30. 1992. in s form e,eeenteble to the C+ y &tterMay for a, period of three years following the adoen date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced. said construction to commeaoe vithin three years following the date of the ad8pt� ion 0t this Resolution E following documents pertatnlz" do DO= M MasvayUS Boulevard Pr!Zerty and the Northeast dth Avenue property: Cba) opinion of title'., in a ab form acceptle to the City Attorney; such other matters as may be required by the Administration and the City Attorney. s • s i • a Section 3. , 'phis Resolution immediately upon its adoption. shaall become effective 95- 159 -4- 92- 268 .,w PASSED AND ADOPTED this 301h day of �&Dri? , 1992, ATm. T- MAT BIRAI CITY CLERK PREPARED AND APPROVED BY: IRMA W . ABELLA 1, ASSISTANT CITY ATTORM APPROVED AS TO FORK AND CORRZCTNISS: 07 Qvlgw PTO II CITY ATTO i IXA/ebgl ss/X2888 XAVIER L . abAREZ . l AYOR 95- IS® -e- 92 268 J-91-756 10/24/91 RESOLUTION No. 9 1 a 779 A RESOLUTION WITH ATTACHMENT CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1001-1959 BISCAYNE 9OULEVAAD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-921, ADOPTED JANUARY 24, 1991, WHICH HAD GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA# BY ELIMINATING THE REQUIREMENT THAT THS APPLICANT POST A PERFORMANCS BOND OR LETTER OF CREDIT IN THE AMOUNT Or $2309000.00 VALID FOR A PERIOD OF TARES YEARS FOLLOWING THE DATE OF THE ADOPTION OF RESOLUTION NO. 91-92 TO GUARANTES THAT THE RZOUIRED PARRING BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCEDi FURTHER BY ACCEPTING IN LIEU OF SAID BOND/LETTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN A POSITION OF MORTGAGES WITH RESPECT TO BOTH TAi BISCAYNE BOULSVARD, PROPERTY AND THE NORTHEAST 4T3 AVENUE PROPERTYY FURTHER BY CHAINING THE REQUIRED, DATE BY WHICH CONSTRUCTION Of PHASE EI SNALL BE COMMENCED FROM THREE YEARS FOLLOWING T112 DATE OF ADOPTION OF RESOLUTION NO. 91-92 TO THREE YEARS FOLLOWING THE DATE OF ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCT FOR TKX FIRST PRASE OF THS PROJECTt FURTHER BY WAIVIN2 THS REQUIREMENT THAT ALL MORTGAGEES JOIN IN THa COVENANT REQUIRED OF T88 APPLICANTI FURTHER CONDITIONED UPON T22 CITY ADMINISTRATION MD, THS CITY ATTORNEY PROVIDING ASSURANCES TO T'EE CITY COMMISSION THAT. BY BEING PLACED, IN SAID POSITION OF MORTGAGE!, THi CITY IS GOUANTEED, AN EQUITY IN BXCESG OF $25000000 WHEREIN, the City Commiaelon at its aeeting of January 24, 1991, adopted Re Solution No. 91-92 granting a variance fC= I!r P o •.. � � w / 1i rr°� • e • �.r:.as c- 95- ISO Q'tY cowr�+SION :G Qll .- OCT M 10 yl— 779 ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, as set forth in said Resolution a copy of which is attached hereto as Exhibit °A"t and WHEREAS, said variance was granted subject to certain conditions set forth in said Resolution= and WHEREAS, the applicant requests relief fron the requirement that a performance bond or letter of credit in the amount of $2S00000.00 be posted, valid for a period of three years following the date of the adoption of Resolution No. 91-92Y and WHEREASe the applicant requests, in lieu of said bond/letter of credit requirement, that the City be placed in a position of mortgagee with respect to both the Biscayne Boulevard property and the Northeast 4th Avenue propertyt and WHEREASm the applicant requests that the required date by which construction of the second phase of the project shall be commenced be changed fros three years following the date of adoption of Resolution No. 91-92 to three years following the date of' issuance of a final Certificate 09 Occupancy for the first phase of the projects and WRZ3tXA2# the City Comission, after careful consideration of e this matter agrees to grant the applicant's requests and to amend• Resolution goo 91-92 subject to certain conditions as hereinafter sot forth# NON, THZREFORio BR IT RSSOLV&D U T'BS COP-X1SS%= OF TBB CITY OF MIAXI, FLORIDA$ 95- 150 y' 1— d i 9 �_" 92- 268 Section 1. The recitals and' findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No, 91-92, adopted January 24, 19910 is hereby amended in the following particulars:11 "Station 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida• Schedule of District Rtgulations, Page 4 of 6, "Miniaum Open Space Requirements', and "Minimum Offstrett Parking Requirements,• and Article 20, Section 2001, Substation 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4. to thereby allow the construction of a 70,025 square, foot commercial buildings providing zero (0) of 316 required offstroot parking spacost zero (0) of three (3) required offstreot loading bsyst 0' front setback (10' coquirod)s 0' side street yard (7.5' required)t t' side yard (42.9' required)t 510/31*639 square foot open space (641/34,970.21 square feet required)' 171/9,200.43 square feet of pedestrian open space (210/12#474.6 square feet required)s and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast lath Street For the property located at 1801-1659 Biscayne Boulevard, Miammti# Florida, also described as Tract R, Tentative Plat Mo. 1360 - "CHIMATOMOP as pee plans on file dated November 7, 19900, is hereby granted, said variance having a time limitation until Marck 20, 1991 in which a building permit must be obtained, and being conditioned upon the followings (1) the 00 parking spaces (as indicated on plans on file dated Novemm"r 70 19901 most be provided on the back portion of the block J words and/or .figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisk$ indicate omitted and unchanged aaterial. 95- 150 -3- y1- 779 92- 268 (the Northeast 1th Avenue property)t (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancyt (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permits (4) in the event that the applicant provides the dO parking spaces At an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the blocks (3) said plan must receive landscape plan approval by the planning, Building and Zoning Department of the City of Miami# Florida$ (4) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning board, said request for public hearing to be initiated and paid for by the applicant) and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney waivin however the reouiremene that all mortcacees idin in said Covenant@ must be =&1e4 in the public Records of Da a county# floridat said variance being also conditioned upon the City being laced in position of mortasaee with reseect to both the +e*4" for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second please of the applicant's project will be _ consonced, said -4- 95- 150 92- 268 Attorney of the following documents pertainin to both the sca ne Boulevard Propertyan t e Northeast 4th Avenue ro ert a) a current aovralsT opinion offtitle: cc cony of current title insurance policy# all in a form acceptable to thecity-_Attorne t an ( ) suc other Tatters as max be re u red b the Administration and the CitY.Attorney. Section 3. This Resolution Mall becose effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of October . 1991. '0001'' ATTEST. . 1 TT HIRA CITY CL9PX PREPARED AND APPROVZD SY = ,7144. � , a, k - I RNA H. A,ELLA ASSISTANT CITY ATTOMI APPROVED M TO rOVA AMD CORRSCTNZSS= A GU i N I TY A TO RN Y lWlb/gmb 2489 Ms- 9 05- 150 91- 779 92- 268 .. lb it l v- 9 l *A? '• 1 S i J-91.97(0) 1/24/91 ASSOLVTtQN 00. y 1 ' 31 •' "yam,-..� A 09SOLVTtON olN7:N0 T11I APPIAt, FROM AI10 ArpIW12N0 TNI 09CI$ION Of Tf+l IONI010 $OAAO TO OAANT A VAA:AMCA ►AOX OAOINAIiCE N0. 1500, AS AMNOIO, T„I i0NIN0 oAOINANCI Or TMl C:TT Or X:AX2, PLONICA, DCMiDULI Of Ot$TRICV AIQVLAT2OIe4, VA04 4 OP 1, •ItlllstSVlt or$% SpACI AIQUtAIrIAN?S'. Alin •N2o2NVIM OFTSTAIDT PAAIt:NO RIQUIRIxINTS,' AND AAT2CL! 20, SICTION 2004, SV94SCTIo11 3004.9.3.1, SZCT2001 3013 AMC SICT:Q* 3033, SUSHCT:00 3033.4, TO Tf+IRIST ALUM TIIA CONSTAUCT:OW Of A 10,03E MAAS Poo? COPOMIAC:A10 IUtt.02N01 P"vtv:xGl 3940 (0) QP 316 AIQVIRAO OTFSTRSAT PAAStNQ DPACAS, $8110 (0) Of TNAIS ``3) ASQUIRID OfFST2914 t10A6204 SArSl 4' ►ACIA! SITSACR (10' RSQU:ASD)1 i' 8100 6TA241 TAAO (1.I' ADQvtRAD 1 S. 0:02 TARO (43.91 AIQRIIRlO l !i6/31,6�9 $QUAAX PART OrIN SPACS (00//30,910.�1 SQUAAA poll al"IRSO)l m 9,394.os SQUARI 1881 Or PIOIOTA:AAI OPS2 $PACs (3 •/11,4l4.i SQUA" FIAT AIQUMIO11 APO lL1R%XA?1316 TUS AAQUIRAD V24tON CLAAAANCI A? TNS INTAR$$CT:CN Of MSCATUS AQVLAV&U Alit NOAT"S"T 1$TU $TRAIT POR TUB PROPSRTT LOCATAD AT 1901•1199 $:SCAlVV DWJWVARl1, 112ANl, PLOR30A, ALSO 096CA889V AS ?PACT he TAN?A?IV'S MAW NO. 1310 • ' CN t NA`1'QMU • o AS PAR PLAITS ON P I W SAM N0VAI1$9R It 1999, $AID VAS:AMCR NAVtPG A ?2385 1:NITA72ON UNTIL NAMN 3e 1991 iM WNICN A SUILDINO PAANIT NVST IS 08TAINas, AND $$:NS CONO:TI011oS NON TNS FOLLOM:NO1 (1) "S Of PARSING SPACES {AO tootCATlO ON PLAMs ON PILE OATSD 11OY PASA 1, 19f0) MUST SG PAM VIDSS ON TUB SA432 PORTION Oit ?US UACX (TNIJ POSTRiAST 410 AVISMIS PAWIAT?)l 13) ►AARMS SPACU (AS rIN PIAMS ON PILL AA?AS HO"NSADI 1, 1918MUST fR PROVID s PRIOR TO ISSUAPCG or CIA? ?ICATS OF OCCUPASOCTi (3) A UNIT OF ?I?LS FAR TPMT A, MNSRSST Told MOR"M"T 4" AVINUS PROPAST? SI RLL WC SS SOLE SAPARATSLT fRON ?Its SISCATW8 SOVLSVARD, POOPSSlTe MIT SG 8100wtole PRIOA " :SSVANCs OS A VVILDINQ PSRRa13 664) :l TUs MIT TRAT IN$ AtnICANT PROV:OAS Tito 00 PAMl2N0 •PACES AT AN ALTSANATS LOCATION IN ACCOAOAIICS US" APPLICASLs Cl" COM PROVISIONS APO ASGUTAT20NS, T11R Apn:CAPT NALL SS #X&PPl POCK TNS ASQUIRSlIA1l'1 TRAT TNBSS SPACES IS 9"VID60 00 TUG %A= PORTION Of TUS U4 01 11) SAID PWl WST RIUM LAMOSCAPG PW APVWVA16 ST ?Sd PLAW Ns, N21.904 AND &WINS OAPAAT'xM OP TUG C:TT Of Ii2AA2, MISS&$ `i) ANT AAQYSSt ?a CNApm To TUs NIASIN•RSfAAAMC*S PW FOR PAR02NO SPACSS MUST ad PRASAII?AS AT A PVSLIC N1A113MO OF l71s 1i002PO SOARDs $AtS AS®IISST FOR eUSL3C NSAA2NO TO SG INITtAT90 AND PAtO M f? "1 APP16:CAAT'1 Ails (`!) A 9IMNAN4 SUSJSC! TO TNS "PNNhb Of ?N1 C2TT ATTORM lt* WNSASST TUs APPLICANT AGOM TUBA! TN$ PROPSS?T 112LL SA SIIS.IACT �PvSLtC NC0A0! of Due �COUN?Te "ARISAS "aASSAID VAAIAPCS SS2MO ALSO CWDIT:ftS0 UPON TUG APPLICANT POSTING A PIAfOAiiRNCa i0N0 am L11ma OP CSSS14 to TRIG Allwim? Of 6316,s06.66 VALYO TOR A P82209 W Tilllsd TSASS M&4p3NO TO QATG W TUG A0011I08_ 01 ARAM11 MT INS 9„AAX:NO WILL Aid PAQVIOOt0 APO TRAI M CONS m 0f TUS SSC0410 Pllltisd CC T'MO APPI61CAM-8 POWU2 vitet, Sd COi. 95- 150 91- 779 Cm ! 3'.4;0" 'i of 52-- 268 92 a WWIRtAa, the Miss$ t0ntnf &Card at tea wool tnt of oeeomeor ,, 1190, item No. 1, feulr areptsd f;sa•tust•ft is Its -so Dr a sin to vote (I-0I veto transtnt a vartaftee as hevoinetter set teeth$ and WWRACAS, the Planning, Auttat"I and toning oeparsabnt at %he City eo Miami has taken an appeal s• she Cltr C•IMtastafs tees en• %rant of the erarlansef and Woig" ' the Citr Camisaien, after easettil COns1114r4ttoft of this awls$ a finds ahas those are pesaltas siaeufastaneaa atfeetiftq thle passel et lass and shot practical diftlovil1•• one enfocessary hardships •aloe v%L41A reeld Lapels she wrer's tithe to the reasonable see of the prepertr sithoet the *rafts of rariense se havetnattes sss tows$ Wfe' THSOS Aso is It AfiMVU n TOW COfet2911l011 Of Tu CITT OP NAMIe ?&":Sao sessies 1. no recitals ens 998din9e oeetained to the tres"le to shine oteeeids&em are hereby asepses by seterease thereto ass Lncerperated tereim as to tally ant ferth is tAU 'etttem. be4111s" !, the aeeiiasee .e sus "as" least in this ratter is affiftaet ant she segvsas tee a vowlefiee from Ordthaftee cos. Isle, ae afwfod*do the sessag welftaffee et "A City of Riess• plosiss, sehehie of iisariet leguiaeiees, pose v eQ of •Mtatsfcm ®po spa. "tromemuot a" •1ttaLmow Offesreet tasting 11s4e&remefisst,• a" uattcas as, sees&.. 3*ee0 Msection !ee®.e.l.i• eest&sa 2il3 awl wetter aesi, setsecties I123.4. is shereby allow she oeeesriestaa Of a ?e,tl! Sipes* fees saressiai bu&ldimgt pre+idifos sees l®D s1 310 TOOL"d etfsona% pesting $"*"I so" (e1 of ssree ts) repaired effasseet lealtns ►awe e wear sets"% its- redp48e418 w silo "trees yset I T . $ * re"isel11 s• silo ymm 142.90 regrlsel)e set/11,639 f,geaae foss epem spars 1144/34,170.31 agwss toes ra "I"41 l 1111/9,304.43 ogcets teat of pedssssiaa epam spas* /sss/ll,sls.i .gnaw fees 95- 150 • a • bi- JS y�- 7712_ 268 1e-9L seT e�ss r",Jlrod1l and e11*1h4tin9 the required vision elearanee at the Intersection of tissarno Boulevard and Mertheass lath atrset toe the peepertr located as 1s01aless aisearne Boulevare, K1a�l, llerlda• also described as ?saes A. Tentative P14%. me. 1300 . •CKMA&GUI •, as pas plans on elle dated Rovea.ser 7, 199 0, 1a herebj grantod, bald Variance having a tilq llalsatlen until North s, look to whiell a betiding permit most be ebtslned, and being conditioned apes the 1e31"tatgs (1) tM se peaking a114C*8 (as indicated on pleas ea Rise dated Mevosbos 10 late) *vat be provided en the bead pence of %M Mos% (she ftvLheaet .th Aeeatee pseperty) f it) pacbind opesee (as per place oak ills dated **vow** e, loot) fleet be pdevided pries to la$GaAs* at Csetltlesse of desupatwyi (i) a Unity of tills, Reg Trass u, .horeby the alessheaes M Avesee psagesay attaii test to self sopereselt (sdo the ilaserna esetevasd psspoartr, sass be provided Feder sat Tossers at a beilding Pont%$ (a) in the evens that the applicant pawtdso tlw it pesbing spades as as altar mse lseatie* to aeeeratetass Visa apltdoble City Cede provisions aaod regealasisns, ails aplisans ehall be *usept fry the re"leesent than these $Osseo be provided an the boss pens** of the bleetat (!) said PIGS sees seevive landedape plead 4pre"al by she pianhing, fetiiding utd iatatih♦ tepassssst so gas City oR nisei. Ilesida) Q!1 ass re"eas tea shsn'ae is the used&-seterensed plea fog pashl" spasaa Beat be psasssted at a pebile Noosing et Ube sees" lowed, said "Mmess des paule adarin to be initiates saw pail tat by ties appliasnta acid fit) a dovastasse WMCGbj the applteafet apseee thus too psopessy will be ssb)ses to the hessin j itatsd ssta/itlens steb'ass to "A &pommel at the city Atterflaye • met be Mod tad► the Miiar aaserda of Oeds Ca+ast, flerldsa said vesiee" belay alas senditisasd elm she appiisahs posting a pasfasaaanes bated of latish of Gredit is gas anev*s of a=f600ee.04 •slid tot a ported of sm" rase foltowiatr the doss sf this • Assoletieft to patesseo slat rho se"ised perUfte will N provided and that ales addoessatssiaf► of the sasead pleas* Of •'- spplleens's p"3"s will N ssflsefesal. 95— 150 ,,, 41- �a � rr a y� r�9 a 92-- 268 a . • 1 Seetien 3. TUS Asselutisn 411411 ®oeme attacttvs im►odistellr upon its adoptten. PASS82 AMG ADOPTSO this ..:A= day at till. r ATT GIT1t PIISSAR90 AM APPOM0 STt 4;� M. w4go.... cHtt® ASSISTANT OTT ATlr Mlr APPWVID AS TO ►OR11 APO GOMI MS"I 00% of G A!!O iT am/sae/le/> Iou 14 0 95- 15.0 s y92 � �268 9 1. REC� 3. The recitals and findings sat forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in :his Seeeic:,. j;o p:ANS iiEMM _.N ESCROW. h1: Permits andJor :.ar.s sp-::,:•at 0;: :ne Ci-, .., accorcance with the ocovisione o: --3eTo --- me .^.al- escrow b;. :he D_slding D::ie.41 --_:.. _:,nc._;.Znt nave D®en saris:isd: - .. .... ,iC.'.... Wit. =u41l:.:e!!11%t.. ... - t.'l0 ?CM._! . 7 Via c6lz 'f. 00par:ments Q: puolic P;orYs and i::e, Rescue one inspection Services and Dade Coun".I-e aeoaitman: r.: Snvironmental Resources Manage::+snt, nave been met, to the satisfaction o: the Building Official; and b. hll conditions of the variance granted the Owner by Resolution tie. 91-92, as amended by Resolution NO. 91-779, and as :uatlti•r ria-ifled by the City Commission of the City of m1ami, (the "City Commission•), at its meeting of April 30, 1992, except for the conditions which require (i) the provision of 80 parking specoe (as per plans in file dated November 7, 1990) prior to the issuance of a Certificate of Occupancy, and (Li) that the construction of the second phase of the Owner'a s project be commenced within throws years allowing the date of issuance of a final Certificate of Occupancy for the first phase of the Owner's project, have been satisfied; and C. All documents upon the receipt of which the variance granted by Resolution No. 91-92, as amended by Resolution No. 91-779, and as further clarified by the City Commission at its meeting of April 30, 1992 is conditioned, have been received by the City Attorney of the City of Miami, (the "City Attorney"), in a fors acceptable to the City Attorney; and d. Evidence of payment of the City's impact fee and Dade County's impact fee pertaining to the Owner's project, to the satisfaction of the Building Official, has been provided. 3. NO CONSTRUCTION OR DEMOLITION TO TAKE PLACE. No construction or demolition, pursuant to the Permits, nor any other activity requiring permits from the City's Planning, Building and Zoning Department shall take place at the Property until such time that the conditions enumerated in paragraph 2(a) through 2(d) hereinabove, have been met. 4. INDEMNIFICATION. In consideration of Ten Dollars ($10.00) and other good and valuable consideration received from the City, Owner hereby agrees to indemnify and save harmless, and covenants not to sue the City, the Building Official, and any and all of the City's agents and employees from, or in connection with, any and all claims and demands of whatever nature 95"- 150 -3- 419- (including allegations of negligence or willful conduct by the City, the Building Official, or any agent or employee of the City) arising out of or in connection with this Declaration and/or any of the covenants contained in this Declaration including the covenant whereby the Building Official shall hold in escrow all Permits and/or plans approved by the City in accordance with the provision of this Agreement, and to immediately undertake and assume full responsibility hereinafter for the legal defense and representation, including the full cost and expense thereof, of the City, the Building Official, or any agent or employee of the City, in such causes and in connection with any and all causes of action arising thereunder, or which could arise thereunder. S. EFFECTIVE DATE. This instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the limitation upon all present and future Owners of the Property. 6. AMENDMENT AND MODIFICATION. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then Owner of the fee simple title to the land to be effected by such modification, amendment or release providing that son has been approved by the City Commission at a public hearing which public hearing shall be applied for and at the expense of the Owner. Should this instrument be so modified, amended or release, the Director of the Planning, Building and Zoning Department or his successor, 95- 150 -4- I shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. 7. TERM Or COVENANT. This voluntary covenants on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the Public Records of Dade County, and shall be automatically extended for successive periods of ton (10) years thereafter unless modified, amended or released prior to the expiration thereof. 8. INSPECTION AND ENFORCEMENT. It is understood and agreed that any official inspector of the City may have the right at any times during normal working hours, of entering and investigating the use of the Property to determine whether the conditions of this Declaration are being complied with. An enforcement action may be brought by the City and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. 9. SEVERABILITY. Invalidation of any one of these covenants by judgment of Court shall not effect any of the other provisions of this Declaration, which shall remain in full force and effect. �5- 150 -5- ' i 4*1 10. RECORDING. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITH WHEREOF, the undersigned have set their hands and seals this .c cl- day of _� (.r 199 . WITNESSESs• MIAKI CHINESE COMMMITY CENTER, LTD., a Florida limited partner- By: M CHINAITOWN DEVELOPMENT COa Florida corporation ISAAC'SHIH, President STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) BEFORE MR, the undersigned authority, personally appeared ISAAC SHIH; as President of KIM CHIKhTM DEVELOPIlM CORP., a Florida corporation, as general partner of M AKI CHIRESR COMMITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the liisited partnership, who is personally known to me or who has produced as identification, and did take an oath. IN WITNESS WHEREOFf. I have hereunto subscribed my name and affixed by seal this day of .'.I _1_ C 199 '•. My Commission Expiress fc�r,. rr 1•i M027/IMA/bjr -6- Notary PAt lic, State of ?lorida Print Name: :i,- 95- 150 t 'l. RED AL33. 7�e rec; tars a`i !,nd; riss set �0:... the p:eamble of this 7ec:ar3tlon are hereby ajopted by :eference t`e:eta and incorporated :-erein as if sat °orth ... Sect..,... '_. ?ARMING. The Owner shall, ;:for to the :asuanee by the appropriate City department of a final certificate of ' occupancy, for the improvements to be constructed on the Biscayne Boulevard Property, constructo on the Property or at an altocnative 'location, in accordance with applicable city code provisions and regulations, in effect at such time, automobile parking for no less than eighty (80) automobiles as per plans on .file with the City of Miami Dated November 1, 1990. 3. 1EA31*424T. The Owner shall, at the time of completion of Paragraph 2 set forth above, execute, deliver and place of :scord in the Public Records of Dade County, ?1crida, easements of access, use and maintenance or similar type agreements, which easements or agreements shall toot the approval of the City Attorney of the City of .Miami, and shall provide, Inter alia, that the eighty (30) parking spaces shall be made available to protide automobile parking exclusively for the Biscayne Boulevard Vroperty. 4. LANDSCAPE nml. The landscape plan for the Biscayne Boulevard Property shall be subject to the approval of the City's Planning, Buildinq and toning Department. S. E!'RECTSVE DATE. Upon City approval of the Owner's pending application for variances, and after said approval has become final and non -appealable, this instrument shall constitute a covenant cunning with the title to the property and the Biscayne Boulevard Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the benefit of and limitation upon all present and future owners of the property and the Biscayne Boulevard Property, and for the public wel'are. 6. 'Jylw OF "'.'LE ^ee Cwnet shall not se:: o: convey the Property or any portion of the P:opocty separately i i°-an the :iscay�e Boa:evac'. ?rope:t', or any por.'.on o. .e 95-- 150 I'll 1576 I M2915 AEG. r 3isc3yne Boulevard Property until Owner has net a11. conditions set forth in Resolution No. 91-92 of the City of 'iami as amended by Resolution 'los. 91-779 and 92-268 of the c(ty o: Miami. 7. AMEM)MVrr AND MODIFICATION. Thi. instrument say be modified, amended or released as to any portion of the Proo- ecty or the Biscayne Boulevard Property by a written instrument ' executed by the then owner of the fee simple title to the Land to be effected by such modification, amendment or release providing that same has been approved by the City Commission at a public hearing which public hearing shall be applied for and at the expense of the Owner. Should this instrument be so modified, amended or released, the Director of the Planning, Building and Zoning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. 8. T>:RK 0! COVENAi9T. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) years from the date this instrument ia recorded in the Public Records of Dade County, and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. 9. inspection and rnfoccement. it is understood and agreed that any official inspector of the City may have the right at any time during normal working hours, of entering and investigating the use of the property and the Biscayne Boulevard Property to determine whether the conditions of this Declaration ace being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property ar the Biscayne Boulevard Property and shall be by action at law or in equity against any party or parson violating or attempting to violate any covenants of this Declaration, either Eo restrain violations or to recover damages. The prevailing party in the action or suit shall 5e entitled to recover cvstt Nnd reasonatle 95- 150 T rc�R I �E�: 15�61 �G29 l 6 �t:orheys fees. This enfOrcement provision ;hato ;n ad::.._ :a any other remedies available under the law, 10, severability. Invalidation of any one of thesc covenants by judgment of Court shall not effect any of the other provisions of this ")eclaration, which shall remain in full farce and effect, provided, however, that such invalidation may be ' grounds for the City to amend the zoning and/or land -use regula- tions applicable to the Property and/or the Biscayne Boulevard P:operty. 11. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida# at the cost of the Owner. IN ifITN)tS3 1RVMOT, the undersigned have set their hands and seals th s day of �Ge0. ha/_,r t 1092. NITN MIAMIsLTD., Clod COMMUNITY artnER, LTD., a >rlorida limited partner- ' sbip By t MIAMI INATOMl1 DIMLOPMM COAL , a locicorporation , s ent ayl 331 1d e I M rirr+et" STATE Of FLORIDA FL,. SSt c OmM. OF DADR ) 88lOR8 MR, the undersigned authority, personally appeared ISAAC 58,N, as president of MIAMI CtlIMATOMfF DEVELOPMEVT CORP., a Florida aotporatlan, as general partner of MIAMI CHiNESC COMM IUTT CS18=# LTD., a llorida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership who is personally known to me at identification and did/644--ne take an oath. IN WITNESS NHEREOr I have hi bseci4hel 99 ame and affixed my seal this 0 day of My Commission Expires: MG -Cary Public. Stato o F or i..a vbrl88577/R/1 Tb4 IftwuAM111 ,,s..._r� * GAR# 1 Vi, " : n- ' BEDiOW 1.":i1 , 14,, i' A 11011 Bray Penrtw.•• �, P 0 Box G 1 042 Miami. f1u,;411 ,,,',I ;,nt R�� WWM0 euioev� s asrev e w ow R+.t reou:.a•: �It 01 G(eill d �iGli',.I t I,CW�i �t 05- 150 iC.1C� • :••, •�r 6 LJfC,t • a •C SC %W. tC. G7, VSCA'r4 w�0 • J •Os i� .CCU "'•w �� 1 L.. ,... SERGIO RODRIGUEZ RCM Fax:9-250-5409 Feb 15 '95 9.28 P.01/02 CITY OF MIAMI, FLORIOA PZ=23 INTER -OFFICE MEMORANDUM ro s Members of the City Commission DATE : FEB 14 1995 FILE Evaaec•r Ch-inatowni Request for Refund MOM . :Agenda Item PI-23, City Ces o Commission Agenda of February Ci t ger ENOUMREs : 23, 1995 RECOMMENDATION It is respectfully recommended a) that the request for refund of the $260,000 cash bond be denied, that the 1250,000 cash bond only be released to the trust account of Greenberg, Traurig for the purpose of cleaning, paintingg, securing and maintaining the Priscilla Apartments, 1845 Biscayne/390 NE 19th Street, and premises to the satisfaction of the Planning, Building and Zoning Department; b) that the request for refund of building permit tees be denied; 0 that variances granted by Resolution Nos. 91-92, 91-779 and 92.268 be revoked as they are now invalid as the building permits expired August 25, 1994 d) that convenaints dated April 201 and December 14, 1992, be released and e) that the City Manager, or hts designee, be authorized to execute necessary documents, in a form acceptable to the City Attorney, per the attached resolution. BACKGROUND The Planning, Building and Zoning (PBZ) Department responded to the previous request for refunds by letter of October 17, 1994 (attached); which recommendations are summarized, as follows: 1. Cash Bond 250000 This cash bond guaranteed performance of the appp scant un er y Commission resolution Nos 91-92, 91-779 and 92- 2b8 and were supported by voluntary covenants dated April 20, and December 14, 1992. Strenuous objection is raised to a refund of the cash bond while the Priscilla Apartments and the premises remain in such deplorable condition. On the other hand, release of the cash bond to the Greenberg Traurig trust account would allow the Priscilla Apartments to be cleaned, painted, permanently secured and the premises maintained to the satisfaction of the PBZ Department, and any residual dollar amount could be returned to the applicant. Altornativaly, release of the cash to the Greenberg Traurig trust account would appear to trigger condition 6 of the attached agreement between Dade Heritage Trust and Miami Chinese Community Center LTD/Miami Chinatown Development Corp. There 'is no objection if Dade Heritage Trust chooses to invoke this private agreement. -1- 0111)., 95- 150 SERGIO RODRIGUEZ ACM Fax:9-250-5409 Feb 15 '95 9:29 P.02f02 2. Building Permit Fees ,.,ese permits expired August 26, by City commission Resolu1994, 180 days �t after re nsa e'ment tion No. 94-125, February 24, 1994, because construction was not commenced during that period. 00jection is raised to a refund of 70t of the permit fees ($18,271.12j because these fees represent personnel charges for P8Z departmental (and other departments) services in receiving, examining, reviewing and approving plans, issuing permits and conducting site inspections to enforce the South Florida Building Code the City's Zoning Ordinance and other regulations. Clearly due to tee numerous times that this project has been reviewed, -ost, if not all, of these deppartmental efforts have already been main. There is no direction in tP�4 South Florida Building Code for refunding fees after permits have ex; ed. 3. Variances The variances granted by Zoning Board Resolution Z8 115 - 9D aMn tray Commission Resolution Nos. 91-92, 91-779 and 92-269 expired coincident with the ex iration of the building permit on August 25, 1994. There is no objection to formal revocation. 4. Covenants Covenants dated April 20 and December 14, 1992, can be re ease as they are tied to the aforementioned City Commission Resolution Nos 91-92, 91-779 and 92-268 which granted variances which have since expired. For your information, the December 14, 1992, agreement contains a unity of title provision. $. Jm act Fees Impact fees amounting to $61,D75.08 plus interest, but note inclu ing an administrative fee, have been authorized for refund. 7 ;• � N 95- 150 i Qa544 SERGIO RODRIGUEZ, AICP Director October 17, 1994 QTifig of trxntt op M +_ letter I:1I1 or oE.� Ftoa Lucia A. Dougherty, Esquire Greenburg, Traurig, Attorneys At Law 1221 Brickell Avenue Miami, FL 33131 Re: Dear Ms. Dougherty: CESAR H. ODIO City Manager w 4 �►�p3 CP� ev � z Chinatown ,: v -o 1825 Biscayne BdAlevard- 320 NE 19th Strebt This letter is in -response to your letter of September 27, 1994, in which you seek refunds of building permit fees and a performance bond for the above referenced project, on behalf. of your client. With all due respect to your legal position, please be advised that your request is largely outside the area of authority of' this Department and is hereby rejected, in part, for the following reasons: 1. Fees For Building Permits There is no directive in the South Florida Building Code for refunding fees after permits have expired. These building permit fees represent charges for departmental services in receiving and approving plans, issuing permits and inspecting construction. Clearly most, if not all, of this Department's efforts have already been made at this point in time, as only construction inspections remain which is not a significant part of the total range of services which have already been provided. Your client may conceive that he is in that same position that he held as a result of Resolution No. 93-393, June 29, 1993 when the Commission directed refunds; however Resolution No. 94-128, February 24, 1994 restored his position in full possession of all permits. These permits expired August 25, 1994, 180.days after reinstatement and are. no longer valid, absent any positive action e.g., call for inspection, start of construction, on the part of your client. 95- I50 Page 1 oP..3 - Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 3 NNING, BUILDING AND ZONING DEPARTMENT/275 N.W. -2nd Street, Miami, Florida 33128 Mailinr; Address - P.O. Box 330708 / Miami, Florida 33233-0708 r You may however, petition this department for a refund of $61,175.08 representing impact fees which were collected, as part of Permit #92000 8151 B. Per Ordinance.10426, codified in the City Code under Section 13-13 (e), your petition should contain a notarized affidavit stating that Mr. Isaac Shih is the current owner of the property; a certified copy of the latest tax records of Dade County stating the owner of,. the property; a copy of the dated receipt for payment of the impact fee by..'this Department and a statement of the basis upon which the refund is sought. 2. Variances The variances granted by Zoning Board Resolution ZB 115-90, and City Commission Resolutions 91-92, 91-779 and 92-268 are now invalid as the building permits have expired. 3., Covenant Inasmuch as it is your position that Mr. Shih no longer has to submit a covenant, and the covenant was a condition of the reinstatement of permits and the permits have now expired, I agree the covenant is no longer needed. 4. Cash Bond ($250,000) There is no authority for refunding the $250,000 Cash Bond, which guarantees performance of your client under City Commission Resolutions Nos. 91-92 91-779 and 92-268 which granted a parking variance, which -is now invalid. Again, your client may conceive that he is in the same position that he held as a result of Resolution 93-393 June 29 1993 when the Commission directed refund however, Resolution No. 94-128, February 24, 1994, restored his former position in full possession of all permits. In conclusion, there is no authority for refunding permit fees after they have expired. Furthermore, the cash bond can only be returned upon direction of the Commission. This Department will object strenuously to a refund of the $250,000 cash bond while the Priscilla Apartments and the premises remain in such deplorable condition. Prior to release of this bond, I will insist that the Priscilla be permanently secured and that arrangements be made to maintain its premises. Alternatively, the Cash Bond could be used to secure the building and provide maintenance. 957 150 Page 2 of 3 At the earliest convenient opportunity, this Department will initiate a recommendation to the City Commission to use the $250,000 cash bond to secure the Priscilla and to maintain iL., premises, which will trigger condition 6 of the attach_d agreement between Dade Heritage Trust and Miami Chinese Community Center, Ltd./Miami Chinatown Development Corp. Sincerely, ` kioriguez, AICP Attachment: cc: Dade Heritage Trust Irma Abella, Assistant City Attorney Law Department Joseph W. McManus, Deputy Director, Planning, Building and Zoning Department Santiago Jorge -Ventura,' Building official/Deputy Director, Planning, Building and Zoning Department 95- 150 Page 3 of \.3 E5 OCT-07-1994 11:37 DADE HERITAGE TRUST 3581162 P.02 IMS AGPtPl�� MADE this . day of February, 1994, by said between the 13ade Heritage TYu 4 Inc. ("Heritage) and Miawl C:hinose Community Center, Ltd., a Florida limited partnership, and Miami Chin$town Development Corporation, a Florida. corporation (also known as "Canter"). .M 'GflBE3RV S, Center . is the owner of cartain improvements Commonly described as the Prl Wft Apartments, located between Northeast 18tb. and 19th Street, Biscayne Boulevard, Miami, Florida ("Building"}; sad WHEREAS, Conter has obtained building permit nos. 92-0006757, 92-00W758, 92- 0006777, 92.0020432# Vzd 93•S004911, and other governmental approvals, licenses and r=ts (ocallective-ly the "Governmental Approvals") associated with the demolition of the uildiog and construction of certain now improvements (the "Project") all as described in the Gover=ental Approvals-, and WHEREM, on June 29, 1993, Heritage successfully appealed the decisian of the City of Miami Zoning Board with respect to Its decision of March 22,1993, reversing the City's Zoning Administrators decision to revoke the Governmental Approvals, which had the effect of rovokin the petmits;"aud WMRHM, Center appealed said decision to the Circuit Court, Appellate Division; and WEERFAS, the City C:ammiWon voted to reconsider its decision and the Appellate Division of Circait Court abated the appeal; and WMPXAS, Heritage and Center wish to resolve the matter$ between the parties. NOW, TIIEREFOR14 in consideration of the mutual +covenants, conditions, and promises conta%ed herein and other good and valuable consideratlor4 the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RedWR. Ile above -captioned recitals are incorporated herein by this reference. 2. Condiliam fDr Solmaz Upon the request of He 'tage, the aty comnussion sh4l re-mstitut the building permits -egad.. which modifi the plans ' . —Tormift The aMended building palmit for the modified or amended plan$ shall gmdfather the Project under the origin 4 approved plans granted'%Wder Zoning Ordinance 9500 but said project must ureet all other applicable building or life/safety codes. Center shall dismiss the appeal ica the Appellsto X3ivision of the Circuit Court as moot. 95-� 150 q�V OCT-07-1994 11:39 DADE HERITAGE TRUST 35e11G2 P.03 3. til2n of Facade. Center shall modify its plans so as to restore, or ' necessary replicate., the two street facades of the existing Priscilla Apartments, which abu Biscayne Boulevard and IM Street and restore the cuisting North rower. Prior to any such n1odification of plans, the Canter shall submit treasured dx&wit� of the existing street facades to Heritage so that in the event the C.enrter elects to replicate the street facades, the treasured drawings will enable the Center to precisely replicate the existing street facades. 7be setbacks and height to roof ridge of the renovated or replicated street facades will be the some as that whWh exist today. However, the portion of the bu i ding constructed immediately behind and abutting the facades may be higher than the facades, Said portion trust be architecturally compatible with said facades. 7 bo definition of hcompatibilIV will be mutually determined by Heritago and Center. and condstant with the aaWOWY ui dies anLenor owndurd.-f iur rebaxtriuiatuon yr rcaonsuucuon. 4. YJaM RMdM Prior to applying for a moditfied, amended, or new building permit for these modified plans, Heritage shall review and approve said plates. A letter from Scott iWarfman, &q. or Louise Yarborougb or any officer of Heritage shall evidence said approvaL Said approval slack -not -be unreasonably withheld. Heritage must approve or deny said plans within two (2) weeks of subadttal to it. �• 12=01114m At least one week prior to demolition of the facade of the existing Prisdila AparWI&14 Heritage : must be provided with a copy of both the executed construction coutrW for the construction project nd the performance bond. Said contract and perf wzance bond shall be evidence of the ability of the Center to complete the Project. 6. Z,d. 'ate Center gave the City of Miami a performance bond in the atnouut of $250,000 to gwmt" the c0l=loncemmnt of eataetructioa of Phase II within three yeur. from the approval of this agreement. In the event that construction does not proceed from Vvls day hence and Phase I is not comtrutted within two (2) years of the Prisdlla Apartments having been demolished, or the Project is not completed, the Cater agrees to re3tore the fade of the Priscilla Apartments to the condition it was in prior to its having been partially deft *UsW after this Project oo * nc ed up to an a,greggate of $250,000. In such an event, the parties herein agree to request the City of b iarni to retain said performance bond to guaranty this obligation by Coster. If the City elects to decline to retain the perforatnee bond, despite said request, and the bond motdas are released to Center, they shall only be released to the trust account of Greenberg, Traurig or its successor, as counsel for the Center, for the express purposes of guaranteeing said obligation of Center to restore the facade of the Frhaa Apartments. No one other than the parties herein have any maim to the performance bond 7. M91AA OSK4111 & This Agreement can be enforced by the Parties herein in an action for lnJuAodva and/or declaratory relief. Exclusive jurisdiction and venue for such an action shall lie in the dh1 uit Court for the Eleventh Judicial Circuit in and for Dade County, Florid& in any action brought to enforce the terms of this Agreement, the parties 9 — 150 7 a' OCT-07-1994 11:39 DADE HERITAGE TRUST 3581162 P.04 heroin shell not be required to post a bond in any legal procccduags. In any 6ucb action, the. prevailing party shall be entitled to recover costs and attorneys fees from the losing party. All of the parties herein acknowledge and agree that irreparable hart, will result in the event that any of the provisions of this ;Agreement era breached. and that monetary damages would be inadequate to remedy the breach. In any such action brought by Heritage, porsonal service. upon tho Center may be trade upon Crreenberg Thwrig (or its suc evaor) of Miami: Florida, counsel for Coater. •r�orrnµ•rsH. eNt1Wa DADE HERITAGE TRUST, INC. MUM CHMSE COMMUNITY CENTER, Florida limited DEVBLOPMENT CORP, a Florida corporatiodil Inn Shih, 3 95- 150 Lucia A. Dougherty (305) 579-0603 Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 275 N.W. 2nd Street Miami, Florida 33128 HHWH 0iBfl�Nl6 December 8, 1994 Re: Chinatown Project - 1825 N. Biscayne Boulevard, 320 N.E. 19th Street and 1801-1859 Biscayne Boulevard, Miami, Florida Dear Ms. Fernandez: Please schedule the above referenced matter on the City Commission agenda of January 26, 1995, on behalf of the Miami Chinese Community Center, Ltd. ("MCCCL" ), which is the owner of the properties located at 1825 N. Biscayne Boulevard, 320 N.E. 19th Street and 1801-1859 Biscayne Boulevard, Miami, Florida. We are requesting approval by the City Commission of the following: 1. Refund of the building permit fees less 30% for permit nos. 92-0006777, 91- 0020432, and 92-0006758 totalling $20,884.15. 2. Release of the Covenant dated April 20, 1992, and recorded in Official Records Book Clerk's File No. 92-R147152. 3. Release of the Covenant dated December 14, 1992, recorded in Official Records Book 15761 at Page 2913 of the Public Records of Dade County, Florida. 4. Refund of the cash bond totalling $250,000. The purpose of the bond was to guaranty performance of certain conditions under City Commission Resolution Nos. 91-92, 91-779 and 92-268. Since the MCCCL is withdrawing its right to build pursuant to the prior approved plans, we believe there is no reason for the City to retain the cash bond. 95-- 150 GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P. A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE NEw YORK WASHINGTON, D.C. M Ms. Teresita Fernandez December 8, 1994 Page 2 5. Release of the variance granted for the property at 1801-1859 Biscayne Boulevard, pursuant to Resolution Nos. 91-92, 91-779, and 92-268. Please call me at 579-0603 if you have any questions. cc: Mr. Isaac Shih Ms. Anna Chan .,M.,wMn UU,..t\t:/u/M �/- Very truly yours, ZCi..Dougherty GREENBERG TRAURIG 95- 150 DISCLOSURE OF OWNERSHIP 1.• Legal description and street address of subject real property: See Attached Exhibit "A" 1825 Biscayne Boulevard, Miami, Florida 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question f2 requires disclosure of shareholders of corporations, beneficiaries of trusts, -and/or any. -other interested parties, together with their addresses and proportionate interest. 331 N.E. 18th Street, Miami, Florida 33132 Miami Chinese Community Center, Ltd. General Partner: Miami Chinatown Development Corp. Limited Partners: Isaac Shih 40%; Joan Shih 30%; Grace Shih 30% Owners of Miami Chinatown Development Corp: Isaac Shih 40% interest; Joan Shih 30% interest; Grace Shih 30% interest 1. Legal description and street address of any real property (a) owned by any party listed in answer to question f2, and (b) located within 375 feet of the subject real property. 331 N.E. 18th Street, Miami, Florida 1820 N.E. 4th Avenue 1828 N.E. 4th Avenue 1840 N.E. 4th Avenue 1846 N.E. 4th Avenue OVE A ORN Y F OWNER Lucia A. Dougherty STATE OF FLORIDA } SS: COUNTY OF DADE } Lucia A. Dougherty _, being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question fl, above; that he has read the foregoing answers and that the same are true and cosplete; and (if acting as attorney for owner) that he has authority execute the Disclosure of Ownership fors on behalf of the owner, ti SWORN TO AND SUBSCRIq% before me this day of 1.dE_, 19a y MY COMMISSION EXPIRES: o% (SEAL) (Nam) Lucia A. Dougherty N ary ublic, State of at Large 95-- 150 7-NOTARYgvisON NO CC ��ppgFLORll7qUN EKP NOV. 2l,]99S ., AFFIDAVIT ,':'STATE OF FLORIDA } } SS COUNTY OF DADE } ,( aefore me, the undersigned authority, this day personally appeared Lucia A. Dougherty who being by at first duly sworn, upon oath, deposes and says: 1. That he is the owoelsx or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. Z. That all owners which he represents, if any, have given their full and complete permission for his to agLin their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, malting addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant saysth not. (SEAL) (No*) Lucia A. Dougherty Swore to and Subscribed before me this & day of 19 .7` C., 09 , - �V Not&64Wic, itate of Florida at Large JUNE H DAVIS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 163009 MY COMMISSION EXP. NOV. 21,1995 Personally known. 9 5 " 15 0 EXHIBIT "All LEGAL DESCRIPTION Tract A, Chinatown Plat Book 140 at Page 48 of the Public Records of Dade County, Florida. 6MPAAow%:729a.1 U o/v/a 95 - ISO /5 OWNER'S LIST Owner's Name Miami Chinese Community Center, Ltd. Mailing Address 331 NE 18th Street, Miami, Florida Telephone Number Legal Description: See Attached Exhibit "A" Owner's Name Mailing Address _ Telephone Number _ Legal,Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description 331 N.E. 18th Street 1820 N.E. 4th Avenue Street Address 1828 N.E'. 4th Avenue 1840 N.E. 4th Avenue 'Street Address 1846 N.E. 4th Avenue Legal Description Legal Description 0 ,B /Vc/ s C.lYN� %t ClIieTtNG if wdq*: CON a 1-40 y�ytr�ra®a /� car,_ 150 VIOLATION • l b1 1 I OVIL 1 ' , 'Dais faallet� , 7bnx ; OltlzenlResport•e t�tc• 1 • ZS ; DeptJlii3f itf :. .-. i.41 ET4 • Name sJ�! /��+�r :�.�1✓��.i� Mallino'edd— t of vlolala?ZStro6l.'•Cjty. W21P) ex . Driver's licei'o: oreWer'IderHlHcation IThis=sommotd�y�rt1io19nswer'theoomplaintl#tnton :J -��•. at 4+'"ryou oommitteda violation of CXdinanoe 11000of the City at Miami �IY �7 ;f W-CodeAectim�!S.P.11C.. Description: e.. l-r-eceIA- Location of, lation����� You Shall:1. Fay the Civil penalty of S ��p ,n�• ~C� and correct the atw? violation on or before 2. You may requed art administrative hearing before a hearing otftcer to appeal the decision of the Code Inspector on or before: (see bmwuctions on reverse aide) FAILUP,. TO PAY CIVIL PENALTY AND CORRECT VIOLATION OR FILE A REQUEST FOR ADMINISTRATIVE HEARING BY DATES SHOWN SHALL CONSTI- TUTE A WAIVER OF YOUR RIGHT TO fjE ARING AND SUCH WAIVER SHAL8CON- S TWTE AN ADMISSION OF VIOLATION. EACH DAY OF CONTINUED VIOLATION AFTER THE TIME PERIOD FOR CORRECTION SHALL BE DEEMED A CONTINUING VIOLATION SUBJECT TO ADDITIONAL PENALTY IN THE SAM.: AMOUNT WITH- OUT THE NEED FOR ISSUANCE OF ADDITIONAL CIVIL VIOLATION NOTICE I ACKNOWLEDGE RECEIPT OF THIS CIVIL VIOLATION NOTICE IS NOT AN ADMIS- SION OF GUILT. i V I t r Date s Servicedn Person Code 1 Signature Maly Posting ❑ Code sInspector Name a- 13Z, Telephone Number Date ERTY NAME / LEGAL INQUIRY (32) -DATE: 05/23/1994 10:41:05 1825 BISCAYNE BLVD 1825 BISCAYNE BLVD LEDGER PRESENT: YES PUBLIC VALUE SEAR: LAND: BLDG: TOTAL: TOTEX: NONEX: CITY TAX: tiALE AMT: PALE DATE: OlWb rtion: White - Inspector Canary - Office; -� Pink - Hearing Boards Office Card -.Violators Copy. 01-3231-003-0380-0410-0411-0420— <MORE> NEXT FOLIO KEY: NEXT ADDRESS KEY: ACTION: 1—CONTINUE 1993 454,644 221.,041 507,566 0 507,566 6,249 0 00/0000 32310510010 ACTION: 01 XMIT: 95- 150 City of MiamiUNIFORM CIVIL VIOLATION a NOTICE Date Issued: Z3.9 Time: I/ate, Citizen Response No: 00737 Folio No: 3z�to5(aoro Ref: .� x� G ( Code Ins r. ,E; r Dep (Division: /) /� oKtr41 N Odi/h (O�;' O/ Name of Vi lato s): „! �rd,� cam m C'e7'-ert 1- TA0. Mailing address of violo . (Street, City, State & Zip) S-no sIal, &1,4,01 TIC- c3,7 /Jo Driver's Ucense No. or other Identification: s This summons you to answer the complaint that on ^^ 2 3 - 9 . at 11 a you committed a violation of Ordinance 11000 of the City of Miami A n�in _ City Code Section 11 S.F.B.C. Description:/Z L/ C- .SALL X /0,4 /N T.4 ort n��a ,r/Td�� tTvNl< ®rz Location of Violation: You Shall: 1. Pay the Civil of $ � on or��ie�pre 46 penalty and correct the abovQ violation on or before �(/iV-[� l /L�ylr[ or 2. You may request art administrative hearing before a hearing office to appeal the decision of the Code Inspector on or before: (see instructions on reverse side) FAILURE TO PAY CIVIL PENALTY AND CORRECT VIOLATION OR FILE A REQUEST FOR ADMINISTRATIVE HEARING BY DATES SHOWN SHALL CONSTI- TUTE A WAIVER OF YOUR RIGHT TO HEARING AND SUCH WAIVER SHALL CON- STITUTE AN ADMISSION OF VIOLATION. EACH DAY OF CONTINUED VIOLATION AFTER THE TIME PERIOD FOR CORRECTION SHALL BE DEEMED A CONTINUING VIOLATION SUBJECT TO ADDITIONAL PENALTY IN THE SAME AMOUNT WITH- OUT THE NEED FOR ISSUANCE OF ADDITIONAL CIVIL VIOLATION NOTICE. I ACKNOWLEDGE RECEIPT OF THIS CIVIL VIOLATION NOTICE IS NOT AN ADMIS- SION OF GUILT. Vi o Date 1p Service:ln Person C1 Code I Signature Mail �_r ::47, /em- Posting ❑ Code Inspector Name �� r �yf- G�3Z Telephone Number Date _tribution: white - Inspector, Canary - Office; Pink - Hearing Boards Office Card - Violators Copy. ACTION: 1-CONTINUE 2TY NAME / LEGAL INQUIRY (32) DATE: 05/03/1994 14:35:44 325 BISCAYNE BLVD 325 BISCAYNE BLVD EDGER PRESENT: YES PUBLIC VALUE AR: LXD: I / �DG: bTAL : I �TEX : i QNEX: i �TY TAX: ISLE AMT : I LE DATE: 1993 454,644 221,041 507,566 [�7 507,566 6,249 0 00/0000 32310510010 ACTION: 01 XMIT: 95- 150 a) C C; 0 co CY) E 0 LL U) Q- 0 R;273 447 198 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International rAail (See Reverse) Rest,.cwq Doh,—. Fet, Return R Snowing to %11mo N Nit. Dehmred [Ifftirl fivc-atDl S110-Fig to Whom, j)jjij iwl Aadiess TOM & rp,-h - $ 11,)sjrria!f. or C C C cc Cy LL V C. P 273 447 197 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail ISLe Reverse) i- Oe-w, Fee ...au: Snuwmy 10 V^0". Addressee's Address Date 150 95- 15�zl 0 CITY OF MIAMI AFFIDAVIT OF CODE INSPECTOR Department Building & Zoning Division Inspector Enforcement Ae111• ca."? Inspector Number W - Citizen Response# --, Ticket Number 067? Compliance / Non -Compliance Date z c 19 9.�! Name of Violator(s) Location of Violation Ref # _ /�/.�,�1/' ��/dI�✓•� � f /�-�.S/ fro ar° ?.�/� /�,z'J' - Co a Section Vio ate Date of Violation Time of Vio ation CZ4,-,74. % /% v .Z,3 / 9.,/ // G . k, . AN INSPECTION AT THE ABOVE LOCATION AND A REVIEW OF APPLICABLE RECORDS INDICATED THAT: _ THE VIOLATION HAS BEEN CORRECTED. Please contact the Hearing Boards Section to find out total amounts pending. Hearing Boards Section 57.9-6800/ ext. 742 From 8:00 am to 11:30 am Monday - Friday p` THE VIOLATION HAS NOT BEEN CORRECTED Please call the aforementioned inspector for full details on how to correct said violation. SWORN TO AN SUBSCRIBED BEFORE ME THIS --k) DAY OF ' 199 y CODE INSPECTOR My Commission expires: J F`oa�a;r oFn••• ...... AL NOr16 q�y SEAL Comm). NlRNAn'pFZ ' MV CU•N•NISSIOV fip CC17N, I.. INSPECTORS PHONE ff0TARY PUBLI 95- 150 0 CITY OF MIAMI AFFIDAVIT OF CODE INSPECTOR pepaitmen Bui1diflq & Zeninq Division Enforceto n/t Inspector inspector Number .Citizen Response# Ticket Number d0 7r57' Compliance i, on -Compliance Date Name of Violator(s) Location of Violation Ref I Code Section Vio ate Date of Vio ation Time of Violation i99s! AN INSPECTION AT THE ABOVE LOCATION AND A REVIEW OF APPLICABLE RECORDS INDICATED THAT: THE VIOLATION HAS BEEN CORRECTED. Please contact the Hearing Boards Section to find out total amounts pending. Hearing Boards Section 57.9-6800/ ext. 742 From 8:00 am to 11:30 am Monday - Friday ✓THE VIOLATION HAS NOT BEEN CORRECTED Please call the aforementioned inspector for full details on how to correct said violation. SWORN TO AN SUBSCRIBED BEFORE ME THIS Je DAY OF 199 . _./ "- CODE INSPECTOR My Commission expires .w sy ti � 1Ci� L NR1L OTA1t V 5 +C HF.RNA,y� • can.• .. 7 INSPECTORS PHONE NOTARY -PUBLIC 95- 150 93 City of Miami UNIFORM CIVIL VIOLATION a NOTICE Date Issued: Time: / Citizen Response No: 00736 'Folio No: Rot. Code Inspector 3231(,'616016 Dept,/Division: e , / . INET N '4_ z6-'f/"1f Name of Vvatorwx,�/ Mailing address ofvole or. (Street, City, Stated Zip) Driver's License No. or other Identification: This summons you to answer the complaint that on at you committed a violation of Ordinance 11900 of the City of Miami City Code Section Description: IA 'X/, .-'e Location of Violation: You Shall: 1. Pay the Civil penalty of $ on Qr,tlefqre . *.,* and correct the abov, violation on or before . . . ',; or � 2. You may . administrative hearing before a hearing officer to appeal the decision of the Code Inspector on or before: (see instructions on reverse side) FAILURE TO PAY CIVIL PENALTY AND CORRECT VIOLATION OR FILE A REQUEST FOR ADMINISTRATIVE HEARING BY DATES SHOWN SHALL,CONSTI- TUTE A WAIVER OF YOUR RIGHT TO HEARING AND SUCH WAIVER SHALL CON- STITUTE AN ADMISSION OF VIOLATION. EACH DAY OF CONTINUED VIOLATION AFTER THE TIME PERIOD FOR CORRECTION SHALL BE DEEMED A CONTINUING VIOLATION SUBJECT TO ADDITIONAL PENALTY IN THE SAME AMOUNT WITH- OUT THE NEED FOR ISSUANCE OF ADDITIONAL CIVIL VIOLATION NOTICE. I ACKNOWLEDGE RECEIPT OF THIS CIVIL VIOLATION NOTICE IS NOT AN ADMIS- SION OF GUILT. /viotatQr Date ServIce:In Person ❑ Code Inspecto j Signature M,ll Mall X Y. . . Pos Code Inspector Name 4- Telephone Number DIeWbution: White - Inspector, Canary'- Office: Pink - Hearing Boards Office Card - VitlblaG 95- 150 01.1 or4 City of Miami d UNIFORM CIVIL VIOLATION NOTICE Date Issued: o'! 7Y Time: ! J r Citizen Response No: 00737 Folio No: 3.z.itds 14o/a Ref. Code -inspector. Oe� Division: ? tly 0. 0 Name of Vi ator(�j� J/ " Mailing address of viollaat/o'(Str@fP.t, City'! State & iip) - ��' S 4/1 Yr • / I Driver's License No. or other Identification: This you to answer the complaint that on Jsummons at ) (�G' you committed a violation of Ordinance 11000 of the City of Miami rr n ! J City Code Section S.F.B.C. Description: C� . G / ;; /4 : , i /1! ,, r �,� s•,f�r • Location of Vi lation: You Shall: 1. Pay the Civil penalty of $ f' onpy before / '! and correct the abovQ violation on or before V ;• �' E i l v or 2. You may request aA administrative hearing before a hearing officer to appeal the decision of the Code Inspector on or before: (see instructions on reverse side) FAILURE TO PAY CIVIL PENALTY AND CORRECT VIOLATION OR F!' REQUEST FOR ADMINISTRATIVE HEARING BY DATES SHOWN SHALL CC TUTE A WAIVER OF YOUR RIGHT TO HEARING AND SUCH WAIVER SHALL STITUTE AN ADMISSION OF VIOLATION. EACH DAY OF CONTINUED VIOL AFTER THE TIME PERIOD FOR CORRECTION SHALL BE DEEMED A CONTIi I:. VIOLATION SUBJECT TO ADDITIONAL PENALTY IN THE SAME AMOUNT K:1 ri. OUT THE NEED FOR ISSUANCE OF ADDITIONAL CIVIL VIOLATION NOTICE. 1 ACKNOWLEDGE RECEIPT OF THIS CIVIL VIOLATION NOTICE IS NOT AN ADMIS- SION OF GUILT. Date Service -In Person u / Code Inspector Signature Mail [� Postin ...Code Inspector Name Telephone Number DI Mbution: White - Inspector Pink - Hearing Boards 95- 150 J 0 08-02-1994 08:59PM The City of Miami FROM COCONUT GROVE c vs State of Florida Ss Coonty of Dade TO 95796933 P.01 Code Enforcement Division City of Miami, Florida Ticket No. Case Address /Y.ZSr�/s''' being duly sworn, deposes and says: 1l i. 1 am a police officer/inspector or/ agent, employed by or acting on behalf of the City of Miami Code Enforcement. Division. 2. On the day of I posted a copy of the ticket 04' on the property address mentioned abo4e. e Enforcement Inspecror Sworn to and subscribed before me this day of 19�. .. p l 4 / ' ___v_KOTARY PUBLIC ,,...,,, My comission expires: f wAr _•� 150 Z •. of Flo Y OFF1dAL NOTARY SFt/►l, w C 1IERNANDE2 COMMMSION NO. CO2J491 WY COMA/6SM EXP. OCT!I9,1997 1 r CI8-02-1994 L S *-K 9PH FPCV 1 NET FLIT Gf, C' )F TO 9T 196143'5 P . 01 The City of Miami Code Enforcement Division City of Miami, Florida Ticket No. 00 73 7 Case Address a vs State of Florida SS County of Dade i s: ,being duly sword, deposes aid says: t I. I am a police officer/inspector or/ agent, employed by or acting on behalf of the City of Miami Code Enforcement Division. 2. On the Z day of '�"4 __ - , 19 �, I posted a copy of the ticket_ © a 73 / on the property address mentioned above. Coe Enforcement Inspector Sworn to and subscribed before me tti i s day of a4x_fz� 19 4 My com=ission expires: l ; OF OPPK]AL NOURY jUt, , CYDM ks C HEANp MY COAWl�16ry OCT.7f,)l�J 95- 150 It 95- 150 M. t;— y CITY OF MIAMI AFFIDAVIT OF CODE INSPECTOR -p4artment 1301 ding t Zon iiM ' Division Enforcement Inspector Inspector Number ,Citizen response# Ticket Number C C' j. _� _ F Compliance / on�ompliance late - — Name , Section Vfolatea Date of Violation Time of Violation ' AN INSPECTION AT THE ABOVE LOCATION AND A REVIEW OF APPLICABLE RECORDS INDICATED THAT: THE VIOLATION HAS BEEN CORRECTED. ;THE VIOLATION HAS NOT BEEN CORRECTED Please contact the Hearing Boards Please call the aforementioned Section to find out total amounts inspector for full details on pending. how to correct said violation. Hearing Boards. Section 579-6800/ ext. 742 From 8:00 am to 11:30 am Monday - Friday SWORN TO AN SUBSCRIBED BEFORE ME THIS DAY OF �`� 199 CODE INSPECTOR My Commission expires: I C'U.ti1A1 �i�hNNA,\'lK7L AL MYCOXj Si1UN vU>CC7ztiiD1 Fl7 (XT,".1997 IN PECTORS PHONE NOTARY PUBLIC 95- 150 � Cj CITY OF MIAMI AFFIDAVIT OF CODE INSPECTOR ,wartment 13010 Q &:lronil Division Enforcement Inspector... v $Gf 6-e4 Inspector Number Zi t jz= •Responsef . Ticket Number OU 7-3 % — Ps TC-0 Cjmpliance onompliance Oates. Name o Yio ator s Location of Violation Ref # Code Section ViolatedVi5lated Date of Vio ation Time 8f Violation t.-t. AN INSPECTION AT THE ABOVE LOCATION AND A REVIEW OF APPLICABLE RECORDS INDICATED THAT: THE VIOLATION HAS BEEN CORRECTED. Please contact the Hearing Boards Section to find out total amounts pending. Hearing Boards. Section 579-6800/ ext. 742 From 8:00 am to 11:30 am Monday - Friday THE VIOLATION HAS NOT BEEN CORRECTED Please call the aforementioned inspector for full details on how to correct said violation. SWORN TO AN SUBSCRIBED BEFORE ME THIS 2'3 DAY OF ✓*' 199. CODE INSPECTOR C My Commission expires: 6, INSPECTORS PHONE ,U� PkY PLe�i U .� �c• NOTARY PUBLIC V. O lCIAL r;C' +RY SEAL M C IIER1, .DEZ COMMISSION NO. CC326491. MY COMMISSION EXR OCT. 29,1997 95- 150 apartment 13uildinq t Zoni Division Enforcement ins pqdtor,: Inspector Number 41. CITY OF MIAMI AFFIDAVIT OF CODE INSPECTOR ,Citizen Response+,,,,_ Ticket Number—�d 7,36 (jo:mp:Iia�n�Non,Cdmpliance Date ie of Violator(s) Location of Violation Ret I qwl ovlm,044- WAI - . ryojl 7e.-*j. e Section Violated Date of Violation Time of Violation $r AN INSPECTION AT THE ABOVE LOCATION AND A REVIEW OF APPLICABLE RECORDS INDICATED THAT: ZTHE VIOLATION HAS BEEN CORRECTED. THE VIOLATION HAS NOT BEEN CORRECTED Please contact the Hearing Boards Section to find out total amounts pending. Hearing Boards. Section 579-6800/ ext. 742 From 8:00 am to 11:30 am Monday - Friday Please call the aforementioned inspector for full details on how to correct said violation. SWORN TO AN SUBSCRIBED BEFORE ME THIS la DAY OF /) Z1�411 199 Z// - CODE INSPECTOR c. MY Commission expires: C OF 'C• OFMCIAL . No*rARN' C HEXNA.v?-}.i, Y - (:57 Y..3.2, INSPECTORS PHONE NOTARY PUBLIC 95-.15oo3/ CITY OF MIAMI AFFIDAVIT OF CODE INSPECTOR .,Wartmen t 13ui iditq -9 Yon iN Division Enforcement Inspector.. AW/1�/�. Inspector Number Li ,Citizen Re'spons-e# Ticket Number Complian Non -Compliance Date Name of Violator s) Location of Violation Ref # Aim P Code Section Violated Date of Vio ation Time of Violation AN INSPECTION AT THE ABOVE LOCATION AND A REVIEW OF APPLICABLE RECORDS INDICATED THAT: ZTIHE VIOLATION. HAS BEEN CORRECTED. THE VIOLATION HAS NOT BEEN CORRECTED Please contact the Hearing Boards Please call the aforementioned Section to find out total amounts inspector for full details on pending. how to correct said violation. Hearing Boards.Section 579-6800/ ext. 742 From 8:00 am to 11:30 am Monday - Friday SWORN TO AN SUBSCRIBED BEFORE ME THIS /J DAY OF /weef�- , 199'� CODE INSPECTOR r r t� My Commission exp i res : .•••R,; •• . zsr OF FLOa.O �►N CAI '•....•• ::�"7F-c F,3z IN PECTORS PHONE r NOTARY PUBLI !15- ISO A,1:v APPEAL TO THE CITY OF MIAMI ZONING BOARD IN RE: Building Permits No. 92-0006757, 92-0006777, 92- 0006758, 92-0020432, 93-5004911 (collectively the "Permits") for property located at 1823-1825 North Biscayne Boulevard and/or 330 Northeast 19th Street, City of Miami, Florida. BUILDING CONTRACTORS, INC. and MIAMI CHINESE COMMUNITY CENTER LTD., a Florida Limited Partnership, Appellants, file this Appeal to the City of Miami Zoning Board, stating as follows: 1. Appellant, BUILDING CONTRACTORS, INC., a Florida corporation, ("Contractor") is licensed as general contractor to do business in Dade County, Florida and specifically in the City of Miami, Dade County, Florida. 2. Appellant, MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, organized under the laws of the State of Florida ("Owner"), is licensed to do business in the State of Florida and is the Owner of the Real Property located at 1823-1825 North Biscayne Boulevard, Miami, Florida and/or 330 N.E. 19th Street (hereinafter referred to as "Chinatown"). 3. The City of Miami ("City") is a municipal corporation in the State of Florida located in Dade County, Florida. As such it is subject to the requirements of the South Florida Building Code ("Code"). 4. On April 20, 1992 (extended on November 9, 1992), December 17, 1992, and March 9, 1993, City issued the Permits all as shown on attached Composite Exhibit "A" hereto. 95- 159 � ^^' ••••• - ^• ^^ ^ r• =c c•�r yin �� of=rnvnlr ai vn on anx RI•g002. MIAMI. FL 33261.9002 • (305) B95.2520 5. The Permits authorize the demolition of certain existing buildings situate on the Chinatown property and the construction of that certain commercial condominium project known as Chinatown Center. 6. In reliance on the Permits, and including the permit fees paid therewith (approximately $95,000.00) Owner has expended the approximate sum of THREE HUNDRED FIFTY THOUSAND AND N0/100 ($350,000.00) DOLLARS for fees and various municipal charges and bonds required by the City of Miami, pursuant to City of Miami Resolution No. 92-268, as amended by City Ordinance a copy of which is attached hereto as Exhibit "B" (the "Resolution"). 7. On or about March 22, 1993, City, through its Chief Building Official, Santiago Jorge -Ventura notified Owner and Contractor, allege'aly in accordance with Sections 304.2 and 304.4 of the Code, of the revocation of all of the Permits; and demand- ing that all work and inspections cease, including all demolition work for which said permits had been previously issued. (A copy of said notification is attached hereto as Exhibit "C"). 8. The revocation allegedly was based on the Contractor's violation of certain provisions of the Resolution. Specifically, the alleged failure of Owner to pay to Dade County the sum of $28,438.05 for impact fees (the "Impact Fees"), notwithstanding Owner's payment of the Impact Fees, on March 15, 1993 (a copy of the receipt therefor, which is attached hereto as Exhibit "D"). 95- 150 BED26W KORN KAN at GLASER, P.A., PENTHOUSE SUITE, 11077 BISCAYNE BLVD., P.O. BOX-61-9002, MIAMI, FL 33261.9002 • (305) 895.2520 9. The City Building Officials actions materially adversely affect the rights and interest of Contractor and Owner to the Chinatown property and to the use of the Permits; and Appellants will suffer economic damage in the form of substantial property value reduction, the forfeiture of previously paid impact fees and other related charges to the City, loss of profits and an undeterminable amount of damage resulting from contracts which Owner and Contractor entered into which are now incapable of being performed. Accordingly, the Appellants are aggrieved persons entitled to appeal the Building Official's decision to revoke all of the Permits. 10. The revocation is illegal as it was the duty of the Building Official to ascertain the payment of the Impact Fees prior to the all"eged revocation thereof; and further, City is estopped from revoking same as the Permits were issued by City and relied upon by Owner and Contractor in commencing the work approved thereunder. Further, City throughout the entire time leading up to the issuance of the Permits had informed Contractor and Owner of the required payments and related charges necessary to obtain the Permits, which Contractor and Owner relied on in the payment of the aforementioned THREE HUNDRED FIFTY THOUSAND AND N01100 ($350,000.00) DOLLARS to City; and, moreover, upon being notified of the unpaid Impact Fees the Owner immediately paid same. Thus, any alleged violation of Sections 304.2 and 304.4 of the Code was de minimis and did not constitute legal justification for the Building Official's actions in attempting to revoke the Permits. . 95- 150 3 BEOZdW KORN KAN & GLASER, P.A., PENTHOUSE SUITE, 11077 BISCAYNE BLVD,, P.O. BOX•61.9002, MIAM I, FL 33261.9002 • (305) 895.2520 11. The Appellants, may be parties to actions involving Chinatown, including, but not limited to, the instant one. They specifically reserve their rights to other appellate actions. The City Building Official, however, has indicated that this proceeding is the method for challenging the Building Official's actions in revoking the Permits. WHEREFORE, the Appellants request the Zoning Board reverse the decision of the Building Official revoking the Permits, and order the Building Official to reinstate the Permits forthwith. BEDZOW BORN RAN. & GLASER, P.A. 11077 Biscayne Boulevard P.O. Box 61-9002 Penthouse Suite Miami, Florida 33261-9002 Phone: 305/895-2520 (Dade) 305/523-6001 (Broward) Telecopier (305) 895-1421 By: ALAN J. RA E5 IRE Florida Bar No. 147662 Attorney for Appellants WE HEREBY CERTIFY that a true and correct copy of the fore- going has been filed with the Building Official of the City of Miami, and with the Secretary of the Zoning Board as well as with the Office of the City Attorney of Miami,' on this -frth day of March, 1993. Zgj BY: A/4n J. KAN 19SOUIM OBR188582 95- 150 BED20W KORN KAN & GLASER, P.A., PENTHOUSE SUITE. 11077 BISCAYNE BLVD., P.O. BOX 61 • 9002, MIAM1. FL 33261.9002 + (305) 895 •2520 City of Miami BUILDING AND ZONING PERMIT FORM ermit No: 92-000611, Pormil T?po: UUI,UIt`IG Follo No: Ol-:)�L'1-•I),..1•-OO).4/(IUG�) Data: 20/1992 Plan No: q2-000%,:.^ ,wnor/Lossoa Name: MIAM,CNINEGE COMM t:UIT Conlroclor. A1,('IiA C(1N'l'RT(:7'Cl'<5 GROUP INC ualilier's Name: Cartillcollon/Fla islrailon No: CGC04 • TolaDhono: (000) 070-t;OU0 DIAL CARLOS .151! twnar/Lossoe Address: t 44 W FLAGLER ST STL -101 Legal Description: C'IiENAT01IN MIAMI VL 10 j-.1 dit A :ontractor's Address: 141 ARA —CN AVE :ngincar: Architect• Job Address: Unit/Location: 1025 DICCAYIJf: UL`+I, Proposed Building Type: Proposed Group Occupancy. Proposed Building Height Primary Zone: Fire Zone: r i Purpose: PAR•rIL DeMULI:ra_l APPROVED BY DATE CONDITIONS OF APPROVAL _ C. ENFOR. WCJ 04.111C/1•99 PLANNING CEC1 Q411F, 199 ,`liti:) (i`r:i;tiF.T TC!W.,.' P1,A14S, RHS1)4jl1-y2. ,. •'� STRUCTURAL JH 0i;.^•.7;'I`_t+:I ZONING II AR 04; .11., 19 4 Threshold Inspector. Job Name: COMM eales Ra uirad: ❑ C.O. C,C. ❑ C.U. Estimated Cost 1 2 . L� r, ,•. FEE DESCRIPTION UNIT TYPE UNITS FEE DEMOLITION PARTIAL DOLLARS I1*11UO0.0000 G_;/).: DADE CA. CODES COMPLIANCE FIiG'; r10L[.itu 12,000.0000 I..?_t• Tf."7AL P1..:L•'3 o5C. 1) r^.Illt hip:,. 226 F. 65C•.?:! CHEI) t" C:JIB 7.1:k) r.r.fl 7. ri TOTAL PAID 65G.•7:: TOTAL, DUE 0.C•C XHLIu ar General Condlllorn: 1. Permtt expires If construction Is not begun within 180 days, or as Is consistent with South Florida Building Code. 2. Call each division (structural, electrical, mechanical, plumbing and zoning) for Inspections, 9. Approved plans and notice of commencement must be on job with permit posted before inspections will be made. 4. Reinspection leas will be charged It work is not approved or not ready when called for, or it approved plans are not on job site at time of inspections. S. Obtain Caniftcale of Occupancy from department when required, before using completed building. PLEASE NOTE. failure to comoly with mechanics lion law cnn result in the property ownor paying twice for building improvements. 95- 150 If 0 City of Miami BUILDING AND ZONING PERMIT FORM Pormll No: Pormlt Tvoe: Folio No: Dote: Plan No: qo-nn jonon- '' 2- ,Ir l)1.. Ownor/Lossoo Name: Conlraelor. rnN Ouslllior's Noma: I Conlllcallon/RoglslrotlonNo: =-(nnn)nna--LL- Owner/Losseene: i'.. am] rAddress: t.. Legal Description: % 44 W FLAGLER ST STE 401 CHINATOWN MIAMI FL PB 140-40 TR A Contractor's Address: 8440 URYON AVE 1 MIAMI BEACH , FL, 331410000 <MORE> Enginoor: Architect PETER POON EMTEC CORP. Job Address: Until LOCeddn: lu'25 BISCAYNE BLVD 1 1001-10.19 Proposed Building Typo: Proposed Group Occupancy Proposed Building Height Primary Zone: Flro ionc. 0 A Purpofo: FOUNDATION TO NEW CONST. APPROVED BY DATE CONDITIONS OF APPROVAL C. FNFOR. WCJ 04/16/1992 [iLIiCTRT'''•L LS 04/16/1992 FOUNDATION ONLY NO [.LECTRICAI. PERMIT Wi"N FIRE PT:'. ENT. REW 04/16/1992 MECHANICAL JG 04/16/1992 PLUMBING HP 04/16/1992 PLANNING GEO 04/16/1992 SEE MEMO FROM GEO FOR CONDITIONS VUHLIC WORKS UN1 04/16/1992 L&G PERMIT TO DE REU WHITH PARKING & STRUCTURAL .I14 04/16/1992 ZOIIING RAR 04/16/1992 Threshold Inspoclor. — (Job Noma: Conilicoloa Ruqulred:❑ Estimated Cost C.O. C.C. C.U. C J 'i r:' FEE DESCRIPTION UNIT TYPE UNITS FEE FOUNDATION DOLLARS 350,UCIO.0000 ,.... . CONTRACTOR'S ANNUAL FEE 1.0000 FIRE PLANS REVIEW FEES DOLLARS 350,000.0U00 332.:•!I P/W. PLANS REVIEW FEES 1.0000 T• I.AND USE REVIEW/ZONING SQ1.FT. 70.300.0000 :F.1.:9 TOTAL FEES J , t •: •+ .''•U CHK NO. 24it1 4, t•.' ..+J CREDIT CARD r:'4 CASH t� TOTAL PAID I., U TOTAL DOE General Conditions: 1. Permit expires It construction Is not begun within 180 days, or as is conalelont with South Florida Building Code. 2. Celt each division (structural, electrical, mechonleal, plumbing and zoning) for Inspections. 3. Approvod plans and notice of commencement must be on job with permit posted before Inspections will be made. 4. Ralnspection leas will be charged II viork is not approved or not ready when called lot, or It approved plane *to not on lob silo Ill. I+mc of Inspoclione. Ibtsln ConlNcato of Occupancy from department when required, before using completed building. PLEAOE Nr)TE.' Folluro to comply with mechanics Non law can result In the property owner paying twice for building Improvomonts. I nov 10/9I Olsirlbullon: Original Oopatlmonl Soction Filo: Canary . Appllcnnl's Copy. 95- 150 i a City of Miami BUILDING AND ZONING PERMIT FORM :rmil No: Permit Typo: Folio No: Dnta: Plan No: 92-0006758 BUILDING 01-3231-U51-0010/0001 U4/JO/1992 92-0000620 Nner/Lessoc Name: MIAMI CHINESE COMM rENT Contractor. ALPHA CONTRACTORS GROUP INC rntltier's Name: Conllicallon/Ro�pIslralion No: CGCOd73so Telephone: (OOG)o0O-000G DIAZ CARLOS wrier/lessee Address: Y d4 W FLAGLER ST STE 401 Legal Description: CHINATOWN MIAMI FL P1Z I.dO-ill TR A ontractor's Address: 141 ARAGON At1E CORAL GABLES FL, 7:11:,40000 ;M0r,U ngincor: Architect: ob Address: Untt/Location: 320 l 9 S T Imposed Building Typal Proposed Group Occupancy: Proposed Building Haight Primary Zone: Fire Zone: >urposo: .PARTIAL DEMOLITION APPROVED By DATE CONDITIONS OF APPROVAL _ C. ENFOR. WC.] 04/20/1992 PLANNING LYS 0d/16/1092 PENDIMG COMPLETR APPLICATI .1.1 GliItt:: FILED F STRUCTURAL ,lit U41'J.0/1`4+1 A ZONING RAR 04/L6/199:: Threshold Inspector. Job No ConUieates Re aired: C.O. C.C. ❑ C.U. Estimated Cost 0 ; i G, t U FEE DESCRIPTION UNIT TYPE UNITS FEE DEMOLITION PARTIAL DOLLARS, 10,000.0000 55U.04 DADE CO. CODES COMPLIANCE FPEC DULLARS 10,000.0000 TOTAL FEES 555.00 CHK NO. 2266 555.0c! CREDIT CARD 0,00 CASH O . QC. TOTAL PAID SSIS 0 0 TOTAL DUE O.G+; General Conditions: 1. Permit expires it construction is not begun within 180 days, or as is consistent with South Florida Building Code. 2. Call each division (structural, electrical, mechanical, plumbing and zoning) lot Inspections. 9. Approved plans and notice of commencement must be on job with permit posted before Inspections will be made. /. Reinspaclion loos will be charged If work Is not approved or not ready when called for, or It approved plans are not on job site at time of inspoclions. S. Obtain Cenilicato of Occupancy Irom department when roquirod, bolore using eomplolod building. PLEASE NOTE: Failure to comply with mechanics lion low can result in the properly owner paying Iwica for building improvements. d CITY OF-MIAMI-:- OFFICIAL RECEIPT 11CCCIPT NO. s CA_ imi m 1.0 "%1 kill, I.: J(f 11/09/9-7 11 :55nh 000AII 4 2.1 !.s 9000678a' 1100001660 E�1.0062 165. 60 1100 DULLAIIS I V_ I., l h — 165. 60 tv"t )I inw: I, tut, AMOUN I 11111,.NAL _IIkNEVVAL_ le/ c C EC S65.,W crry OF MIAMI, FLoraws. W. "Al r G) t7 Cw mi Q' Q1 Lq ch Z; 8 rf, �Ls Ito CITY OF MIAMI - OFFICIAL RECEIPT �o BUILDING AND ZONING DIPARTM(NT s yl �• _ Num ,IICEIVEO (/X/ y a..�!1 / Al ADDRESS 3 S /p1� oJrI000ULLAIIS ,YP( Of INSPECTION AMOUNT CnIrifiCATI or OCCUPANCY fEC S ACCL SSOUY USt I T C OIIIOINAL, RENSWA%._ l ONO NO L1 / , 7 u1r. 100 K. fi -!' 91ZCV06"777 CITY OF MIAMI -OFFICIAL RECEIPT S_11UILDING AND ZONING OCPARTM(NT S ��• CJ f /Os,J�(P/Irk RECEIPT NO. full UP# ICI Usk UHL / U}440 CITY Qfj MIAMI. FLOMDA urn ' 1• Z� OE►I Jef�r•%I('C_�C2II'��RSIVISnSN I.....l..I nul VAI.10.W.11 0/1,11. h'.n •n MJ.r� Y nY /vinWrl/J /nrY•Yr.I nI Urxl W 0•• I...n W.rfru V xrrrun RECEIPT NO. Jl f ll:k USI W.I. , 11/09/72 11:57M MOAI142, 000067827 KOOOO1660 r r C milt OOLLANS I ENE472 Is55.50 ENE472 V —55.50 trPE Of INSPECTION AMOUNT Ctn TIf ICATE Or OCCUPANCY fit $ ACC(SSOIIV USE PEE OIIIOINAL PQNEWAL^_• MONO NO ' i 5 3 0 MIAMI FLOF 2 $55.50 cr/J��"�7 �J DIPS /Ar../rPwl xPl VALID ..I. J/.W. 1.11,0 ,E'/!LL•)'�•}•�'y^•�u .nr.Jl•Y•V.O.w.�MrlHn/..Y nwlrn r/ On.. 1 �� s ....... 0 ��-0 3 C� 4. p 4. S O O O Y i 4a� `11 �/• City of Miami lq� BUILDWt; ~AND ZONING PE MIT FORM \� rm,l No: Pormil Type: Folio No: Dole: Plan No: _n;r.,,•, .1.., 11 ,1nu; 1 -^ t-I;�,t-r�ntit!rlljf,, ,�,/1 '; 1 :i;•, mnottLossoo Noma: Contractor. r• • r, ,, • ' • .1 rnnl F In1 nl Q PIti Drw rarvrRAr rnr,; 1--if ,alllier's Name: Cortlllcallon/Poglsltallon No: Telephone: i t's000 1 4 97 �,', wrior/Lasses Address: Loyal Description: % 114 W FI_AGLE-R rT •.31'I: 401 CIiINATOWN MIAMI F'L F'fr i :•rl-40 TR rt LOT SIZE 2-3 :50 lif• "1 xnractor's Addross: t1440 r'RYON AVE 1 ti-;'..< •1 :�•I':-Ijtflf,,_.,,•II,,._r..,: .,, ( EACH , FL. , 3-314 10000 < MORE: Ipinee Architect r(_'r"-: c•rlot� ErrrEc c17r.F•. Ib Addross: UnillLocatlon: 5 E,ISCAYNF_ I;LVD •oposod Building Typo: Proposed Group Occupancy: Proposed Building Height Primary Zone: Fire Lone: I;t , irpose: NGW COr•It.'rRUC'riUN OF CONDO !e RE_TAIL APPROVED By DATE CONDITIONS OF APPROVAL EI_ 17TRICrii. I.S II/l;i/199� FIRE f:'REVr::N I'. Fl:-,W L ; f;4; 11?9;t MCCHANICA%. ,)i I::'I6i IVal? I'L.UmEt11,46 1.0, J.?,'I /1992 FENDING REV IS1QIq L0'MINIMOM ;"I-f. •;G'.'• F•LANNIN(j I_>''.:• I)il _,,I/1^9: r'UDLIC WOR:e,,- DNI 12i 117i 1Q92 C-5055 EiDl- F•ERMI'r 5TR1.1CTLIFirll. 'JI1 � l /S:i!/ l99^ :30I.1 n WASTES J11A 14 ! 1 1'/ 1992 !(WING RAre 1 `!J.7/1992 hrosho;u a".Ipector ,lob Name: Caniticatos Re uirad: Estimated Coll 023l3 C.O. C.C.QC.U. R3,:r✓,} FEE DESCRIPTION UNIT TYPE UNITS FEE !X.RTIFICATE OF 0CCIIPANCi' K,1F)OW GAS FEET 70,000.1:11:101) :,n.• ENE'--' CON CRVAT T ON FEET 7i , t:n;nj, UQt:Ira At"F TION FEE NEW 3TRUCTION/AUDITION FEET GON1i • ..TOR' S. ANNUPtl- F-GL: l.I:!Ij:il:. , DOME CO. CODED COMF•L 1,1PJC E FEES DOLLARS FIRE FLANS R1TVIQW FEES FEET 7,:,, 4�14. 01:101:1 FIRE FLOW TI'STTIgG rERNI1' 1,IaCn:n'r I• 1''/W. Fl_ANI; RE:VIE-W LANDSCAPE EACH 3C,, tjljtji,t LANDSCAPr- I_INL:' 1=T 534. ct('1:1O I.ANDSCAPI: SO. FT. ." Qf.)it.11l)11c, t-AI40 USK RE11IEW/T.ON11N(; SCI.FT. 117,2i"�.01.1 0 IM1''ACT FEE SO. F'T. 43,759. O000 [ 11r•'AC:'r FEE DOLLARS 61 , 175. I;t(, 00 i";',• , TOTAL FEES H(11. 1 CHK NO. 172-22 l Id. l 4•I. ,.J CREDIT CARD CASH TOTAL. PAID :i2i. IIIrI. . T. IL DUE Ieneral Candlllons: Permit expires 11 construction Is not begun within 100 days, or as Is consistent with South Florida Building Code. Call each division (structural, electrical, mechanical, plumbing and zoning) for Inspections. 1. Approved plans and notice of commencement must be on job with permit posted before Inspections will be made. 1. Reinspecilon lees will be charged If work Is not approved or not ready when called for, or it approved plans are not on job silo at time of Inspections, S. Obtain Certificate of Occupancy from department when required, before using completed building. 'LEASE NOTE: Failure to comply with mechanics Ilan law can result In the property owner paying twice for building improvements. - -- •••• •.,•�,,..- na, . imnnmmnn, ,nminn rnn' cansry • Annocant's Copy. -^ 5 lll� 150 City of Miami I BUILDING AND ZONING PERMIT FORM Permit No. Permit Type: Follo No: Dale: Plan No: 93-501:14911 E111ILDING Q1-3231-051-00lo/01)1)1) o3/09/19973 )_-4:1151 — Owner/Lessee Name: Contractor. MIAMI CHINESE COMM CENT JGONZALEZ JOHN 0 BUILDING CONTRACTORS INC Ousllller's Name: CaNncation/Registration No: Telephone: GONZALEZ JOHN 0 000011497 (1)0t)IO(W,•iilitr, Owner/Lossoe Address: Legal Description: 44 W FLAGI-EE: ST STE 111:11 GHINATOWN MIAMI FL. PD 140-40 TR A L.OT SIZE 25250 50 P'T' t)1-3231-003•-43D4 -1'"I ro•-oil t 1 10�a�i �iss7.1VE 1 �i�onti )9 MIAMI BG:ACH , FL., 331410 t)0 {MORE, FQ.9TL'9' PDON A,,�Pff';C CORE', 'M:N"11°f ;CAYNE PI -VD Prop Bullding Type: Prop. Group Occupancy: Prop. Bullding Ht 1:1 Primary Zone: Fire Zone - Job Doscription: - NEW CONSTRUCTION STORAGE r P R Type �.`� APPROVED BY DATE CONDITIONS OF APPROVAL ELEC LS 01/13/93 FIRE" REW (0 1 /00/9 3 MECH JF 02/02/73 ECH REM. PLUM HP 01 CEE VARIANCE,ALL EOUIPMEN'r WILL f1E AT IQ' NC-,'/C' Idlrlil•I!,1P1 PLAN KC 11/0 !93 CITYWIDE IMPACT FEES ARE NOIJ DUE. GTRU VM 1 3/1:15i 93 %ONI RL.V 1 _/ 14/9'3 P 0 STRUCTURAL ENLGI.17. NO USE CHANGE. I� Threshold Inspector: Job Ngn}Q 1J,39 rillicolog Roquirod: 8C.O. C.C. C.U. Estimated CosC J..{,I,Ih•. ,,{1,. MASTER PERMIT NO. 92-0021)432 FEE DESCRIPTION UNIT TYPE UNITS FEE REV. 'OF FLANS MORE THAN 1SHEET SHEETS 17. 01:100 z'_'5 FIRE PLAP15 REVIEW FEES DOLLARS l , 000.1:10tIT) ;�j ;,X.. t. OTAL FEES ;tla ;, 1:10 CARD 1REDIT ASH OTAL PAIR J. 'r• 10TAL DUE r; t General Conditions, ' I I. Permit expires It construction Is not begun within 180 days, or as Is consistent with South Florida Bullding ods. 2. Call each 4lvislon (structral, electrical, mechanical, plumbing, and zoning) for Inspections. 9. Approved plans and notice commencement must be on job with permit posled before Inspections will be made, 4. Reinspecdon less will be charged II work Is not approved or not ready when called for, or it approved plans are not on job silo at time of Inspections. S. Obtain Certificate of Occupancy from department when requlrod,'bsforo using completed building. PLEASE NOTE Failure to comply with mechanics Ilan law'cart result In the property owner paying twice for building improvements, nln7/lR 413 Rov. 11/92I Dletrlbutlon: Original - Dopanment Soclion File: Canary - Applicant's �opy, ��• _ 15 G DEPARTMENT USE ONLY I City of Miami BUILDING AND ZONIn,G q`\d Plan Numbers: _ PERMIT APPLICATION Folio No: Status: Total uo: ol 01-3231-051-0010/000` L'S Acluat Application ❑ Dry Run Job Address: 1801 Bisca31vd. y. Suite No: Permit No:r^, U Legal Description: Lou CHINATOWN PB 140-48 TR A (MIRE) Block Subdivision: CHINATOWN Lessee Name: Ownor•s Name:HIAKI CHINESE 0O!4#JNITY CENTER LTD., ISAAC SliIH Owner's AIV: N.E. 18TH STREET, HIAHI, PLr 3 2. JN.7alme: Owner's Telephone:(305) 372-5209 Contractor's JOIN 0. GONZALEZ Contractors's 0 60011497 Contractor's Address: 8440 BYRON AVE. OuaiOlor's Name: JOFRJ 0. I,ONLALEZ Social Security No056— �-9835 AlChileCL PETER POON LLaeWsrAYEVT STREET, N ! YORK, NY10012 Engineer: RIM SUARE7. — EWEC COR7. ASj1J'WEST KENNEDY 13LVD.I, suin 21.0,I'AHPA —33fi06_ Threshold Inspector: Bonding Company: Address: Permit Typo: U Building U Electrical U Landscape ❑ Moohonlcai/AC LJ Mochanical/Boitor CI Mocha nical/Elevator ❑ Mochanlcal/Gas 0 Plumbing LU Sign For Building Permits chock appropriate type: U New Construction U Addition U Demolition ❑ omodoling l Repair ❑ Conversion 0 Roofing ❑ Foundation ❑ migotion Proposed Uso: Gallons: Esilmaled Cost Haight Feet: Type:;••(t Units: S Floors: Purpose: t Check all applicable boxes: • U Change of Convector (RV) U Recattlicallon of Plana (RC) 0 Completion Permit d Change of Qualifier (RV) 0 Plans Revision (RV) 11 you checked any of the abQYp_iieDLl,.Yau must provide the following: 920008151 yyLLWWLLUU951 Building Permit No: Plans No: 1 understand that separate permits must be obtained for other items, unless specifically covered by this permit. signing this application, I am responsible for tho supervision and completion of the construction in accordance with the plans and spocill gpallons and for compliancu with all federal, slate, and county Ipws eplicablo. 1V 1 I conify that I.) there or no Ir o� arrttivod or relocated on this site as a result of the construclion for which, Is application is submitted. or n the Iran r oval permit application has been, approved. ; I have rand' lboi(ntormaA16 rC tajno -ln'1his permit and understand that any lalsitieation constitutes fraud and could void the permit. z'/� Sigrieture of 0 lifter or Owner Builder Print Name Tool of Ownership: Date Accepted: , f,�cgpt0A1::Y^> »>'� •s�'> • 111 � , �t1i •f]I•t.Lu r.f4:�tAk'/.'••' � }' Signed and Sealed before me this day of ' Yesn. „ , _;. s• fin;,• a.sMst Cn '� IuaW1mi11.tw!t. My Commission Expires; , 'A r rY»,rr FOR PLANNING BUILDING AND 'ONINO DEPARTMENT USE ONLY Legal Address: Dupl: �, •, •.., Currant Use: Job Name: Census Coda: Hl Certificates Required: Plans: No. of Shoots: 7 25 Yes 0 No ❑ C.O. ❑ C.U. ❑ C.C. As built survey with elevation and setbacks Is required after completion Lowest Habitable Finished Floor Elov Zion (Inciuding basement) SFH HH I OTHERS of lowest Boor stab before any lunhor Inspection. ❑ Yes 0 No Shall be at least Group Occupancy: DISTRICTS inches above crown of street. ---� Building Height Ouodrupfe Fee: REQUIRED PROPOSED 0 Yoe 0 No � 12 122 � 92 .J A plication Rocoivod By Data Permit Authorized By Date_ _ p 11Z/1:1 dIA ftnv. 10/01 Distribution; Original • Ouptiamunt Suction Filu; Canary • Applicant's Copy; Pink •pupanmunl Vila 95- 150 CHINATOWN CENTER SUMMARY OF EXPENSES INCURRED SUBSEQUENT TO DATE OF ENACTMENT OF CITY OF MIAMI RESOLUTION 91-92 (JANUARY 24, 1991) GOVERNMENTAL FEES Subdivision improvement extension fee $ 737.50 Foundation permit fees 4,144.90 Demolition permit fees 1,681.00 Subdivision improvement 737.50 Demolition permit extension fee 535.50 Performance cash bond 250,000.00 Line and grade permit 4,425.00 impact fees and building permit fees (City of Miami) 88,144.31 Building permit revision fee 305.00 Impact fee (Dade County) 28, 438.05 TOTAL GOVERNMENTAL FEES $379,148.76 PROFESSIONAL FEES Architect $200,000.00 Contractors 30,000.00 Surveys 2,500.00 Consultant Fees 60,000.00 Attorneys Fees 35,000.00 Marketing Expenses 200,000.00 TOTAL PROFESSIONAL FEES $527,500.00 TOTAL EXPENDITURES TO DATE $906,648.76 PBR188579 95— 150 r� a + stig +Ot4ow Miami Chinese Community Carilnr, Ud. Mar. 22. 1993 Ms. Teresita L. Fernandez. cCh1ef. Hearing Boards. City of Miami, 275 `Z,W. 2nd St., Miami. F1. 33233. Dl:.rt • Nis . Fernandez Re: Chinatown (182S N. Biscayne Blvd. and/or 320 `:E 19th Street -------------------------------- is to ir:form Vou that we will appeal to the der : s : a:-i :n«dr, by Tuan Gon=alez pursuant to the revised i-t- r -Off:.,a Memo dated March 1_8. 1993 as per attached. ncaspic! is %17,o a cheque amounting to S400 for the payment of ':►e appeaiine fee. cn CL N . N Sincerely, F-• r LLJ 1 I a a c The appl'_..ant and the c;wner of Chinatown •d C �Clncl 95- 150 MWM cabas+a D"Wopmaat Cora. - 331 N.E. 18M SVW, Mlami, Reich 33132, USA MM 27taMa Fang I3Q51 Sn-8861 C i t la Iva iZtM, SERGIO RODRIGUEZ, AICP Director March 30, 1993 Mr. Charles Danger, P.E. Metro Dade County Board of Rules and Appeals 140 West Flag ler Street - Suite #1603 Miami, FL 33128 HE: 1823-1825 NORTH BISCAYNE BOULEVARD AND/OR 330 HE 19 STREET///CHINATOWN PERMIT #92-00067579 #92-0006758, #92-0006777, #92-0020432 AND #93-5004911 Dear Mr. Danger: CESAR H. ODIO City Manager This is in regards to the copy of letter dated March 29, 1993, from Mr. Gary L.. Brown, Attorney, concerning the above referenced matter. First -of all, may I explain that the permits were revoked as a result of the enclosed request dated March 18, 1993, from Mr. Juan Gonzalez, Acting City of Miami Zoning Administrator. It is our opinion that the General Contractor and Mr. Isaac Shih, the owner, violated the provisions set forth in City of Miami Resolution No. 92-268 adopted on April 30, 1992 and the covenants dated April 20, 1992-as recorded under Clerk's Folio No. 92HI47152 of the Public Records of Dade County, Florida and December 14, 1992, as.recorded in Book 15761, page 2913 of the Public Records of Dade County, Florida, due to failure to pay Metro -Dade County's Impact Fee on or before February 26, 1993, as required by the aforementioned documents. Second, since this is a violation of the City of Miami Code and the City of Miami Zoning Ordinance, which are under the jurisdiction of the Acting Zoning Administrator, who suggested on March 18, 1993 that if the applicant desires to undertake this project again, the following is necessary: 1. Apply to the Historic and Environmental Preservation Board for a Certificate of Appropriateness for activity pertaining to the Algonquin Apartments, 1825 Biscayne Boulevard and Priscilla Apartments, 320 NE 19 Street. 2. Apply to the Hearing Boards Office of the Planning, Building and Zoning Department for variances in the event zoning relief is needed under Zoning Ordinance 11000. 95-- 1504 PLANNING, BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O. Box 330708/Miami, FL 33233-0708/(305) 579-6800 /�71! �J �, �- ✓% 'ice Mr. Charles Danger March 30, , 1993 PAGE 2 We feel• that this matter is not under the jurisdiction of Metro -Dade County's Board of Rules and Appeals. Very truly yours, Santiago Jorge -Ventura, A.I.A. Deputy Director and Chief Building Official SJV/d js Enclosure cc: Sergio Rodriguez, Director Planning, Building and Zoning Department Miriam Maer, City Attorney Irma Abella, City Attorney 'Josep4 McManus, Deputy Director Juan Gonzalez, Acting Zoning Administrator Central file Gary L. Brown, Esquire 11077 Biscayne Boulevard Penthouse Suite P.O: Box 61-9002 Miami, FL 33161-9002 _95- 150 I3L3:),j , Koi:zN, K.AN & GLAS—..2, P.A. ATTORNEYS A"C LAW PENTHOUSE SUITE 11077 BISCAYNE BOULEVARD MICHAEL BE020W P.O. BOX 61.9002 GARY A. KORN MIAMI, FLOHIbA il:)101-000s: TELEPHONE (305) 095.2:,20 ALAN J. KAN AILAN M. GLASER (J03) $2a•6001 (DROWARp) TELECOPIER (305) 095 • 142I GARY L. BROWN •• RICHARD C. WOLrE REBECCA S. TRINKLER ALAN B. SCHNEIDER RUTH K. rRIEDLANDEW March 29, 1993 Mr. Charles�Dangers 140,West Fligler Street Suite 1603'" Miami, Florida 33130 Re: Miami Chinese Community Center, Ltd. 'Our File No.: 1885-0 Dear Mr. Dangers: Enclosed please find our Notice of Appeal. Please schedule hearing on earliest available date and advise the undersigned. Thank you. Very truly yours, GARY-L. BROWN For The Firm GLB/ms Encls. OBR188592 (�i#j of trzxtti SERGIO RODRIGUEZ, AICP Director March 18, . 93 ELAND DELIVERED Mr. John 0. Gonzalez Building Contractors, Inc. 8440 Bryon Avenue I Miami Beach, FL 33141 RE: PERMIT #92-0006757, #92-0006777, #92-00067589 #92-0020432 AND #93-5004911 FOR 1823-1825 NORTH BISCA?NE BOULEVARD AND/OR 330 NE 19 STREET/CHINATOWN, Dear Mr. Gonzalez: CESAR H. ODIO City Manager For your information, I am enclosing a memorandum dated March 18, 1993 from. Juan Gonzalez, Acting Zoning Administrator, regarding the above referenced property. Mr. Gonzalez is requesting revocation of the above referenced permits because you, as permit holder, are in violation of the provisions set forth in City of Miami Resolution No. 92-268 adopted on April 30, 1992 and the Covenants dated April 20, 1992 as recorded under Clerk's Folio No. 92RI47152 of the Public Records of Dade County, Florida and December 14, 1992, as recorded in Book 15761, page 2913 of the Public Records of Dade County, Florida, as a result of your failure to pay the Metro -Dade County Impact Fee on or ba. ..)re February 26, 1993, as required by the aforemention documents. Also, by copy of this letter I am notifying Mr. Isaac Shih, owner of this property that Section 304.2(d) of the South Florida Building Code states the following: "notwithstanding other provisions of this code, compliance with the code shall be the responsibility of the owner". Therefore, as Building Official, I am hereby notifying you' in accordance with Sections 304.2 and 304.4 of the South Florida Building Code of the following: 1. Revocation of all of the above referenced permits; all work and inspections must cease, including all demolition work. 2. 'Said permits will not be re -issued since the Variance granted by Resolution No. 92 -268, upon which said permits were conditioned has expired. A'cnry of this letter is being sent to all parties involved. 9 5-- I S O Mr. John 0. Gonzalez March 18, 1993 PAGE 2 i If you need any further. information, please contact Tomas Menendez, Chief of Inspection Services, 579-6800, Ext. 703. Very truly yours, Santiago.Jorge-Ventura, A.I.A. Deputy Director and Chief Building Official SJV/d js Enclosure cc: Sergio Rodriguez, Director Planning, Building and Zoning Department Miriam Maer, Law Department Irma Abella, Law Department Julie Bru, Law Department Joseph McManus, Deputy Director Juan Gonzalez, Acting Zoning Administrator Tomas Menendez, Chief/Inspection Services Hector Lima, Chief/Code Enforcement Raul Pielago, Chief/Structural Section Sarah Eaton, Historic Preservation Officer Mr. Isaac Shih, President Miami Chinese Community Center, Ltd. 331 NE 18 Street Miami, FL 33132 Alpha Contractor Group, ,Inc. 141 Aragon Avenue Miami, FL 331,34 W r CITY OF MIAMI, FLOR16A INTER -OFFICE MEMORANDUM Santiago Jorge -Ventura Building Official/Deputy Director .Planning, Building and Zoning nDepartment /11 5'uaW'6ngalez A Planning, Buildi RECOMMENDATION: DATE : March 18, 1993 FILE : SUBJECT : Chinatown 1825 N. Biscayne Boulevard and/or 320 HE 19th Street 7 REFERENCES: being Administrat&LOSURES Zoning Department Please be advised that the applicant for this project failed to satisfy the conditions of a grant of variance (Articles 19 and 21 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami) by the City Commission and therefore I recommend that you revoke all outstanding permits for this project (#92-0006757,.#92-00067771 #92-0006758, #92-0020432 and #93-5004911) and further, that the applicant, Mr. Isaac Shih, be instructed to secure the remaining building and specifically to preserve the north tower of the Priscilla Apartments, 320 NE 19th Street. FINDINGS: My recommendation is based on Resolution ZB-115-90, adopted on December 3, 1990; and City Commission Resolutions, 91-92, adopted January 24, 1991; 91-779, adopted October 24, 1991; and 92-268, adopted April 30, 1992; and City Commission Ordinances. 10995, adopted September 10, 1992; and 11024, adopted November 12, 1992, here attached. Further, my recommendation is based on the recorded covenants dated April 20, 1992 as recorded under Clerk's folio No. 92 R147152 of the Public Records of Dade County, Florida and December 14, 1992, as recorded in Book 15761 at Page 2913 of the Public Records of Dade County, Florida. These resolutions, ordinances and covenants establish certain conditions and time limitations upon which the grant of variance for this project is based. Articles 19 and 21 of Zoning Ordinance 11000 pertain to variances, the conditions which may be attached thereto, and enforcement of conditions. These resolutions, ordinances and covenants collectively, required the applicant to pay all required fees and obtain all required permits on or before February 26, 1993, and provided that all plans and permits"would be held in escrow until such time that all conditions of said resolutions and covenants have been met. Consequently, the applicant could not commence demolition of the historic Algonquin and Priscilla Apartments and/or commence new construction of the condominium/retail complex until such time that said conditions were met. 95- 150 5�j As of February 26, 1993, certain required conditions had not been met by the applicant, specifically, the Dade County Impact Fee was not paid. Therefore, the variance granted for this project has expired and all permits issued should be revoked, specifically: . ,, . 1. Building Permit #92-0020432, December 17, 1992, for new construction of the condominium/retail complex at 1825 Biscayne Boulevard. 2. Building Permit #93-5004911, March 9, 1993, for revisions to previously permitted plans. 3. Partial demolition permit #92-0006757, issued April 20, 1992, for 1825 -!,Biscayne Boulevard; partial demolition permit #92-0006758, issued April 20, 1992 for 330 N.E. 19th Street; and Permit #92-0006777, issued April 20, 1992 for 1825 Biscayne Boulevard. It is recommended that the applicant be instructed to secure the remainder of the Priscilla at 320 NE 19th Street, and that the: north tower receive specific preservation attention..,, If the applicant desires to again undertake this project, it will now be necessary for him to: 1. Apply to the Historic and Environmental Preservation Board for a Certificate of Appropriateness for activity pertaining to the Algonquin Apartments, 1825 Biscayne Boulevard and Priscilla Apartments, 320 NE 19th Street. 2. Apply to the Hearing Boards Office of the Planning, Building and Zoning Department for variances in the event zoning relief is needed under Zoning Ordinance 11000. cc: Sergio Rodriguez Assistant City Manager Joseph W. McManus Deputy Director Irma Abell& Assistant City Attorney Central File 5�' 95- 150 " t�i#g of �iami SERGIO RODRIGUEZ, AICP Director March 22, 1993 CERTIFIED MAIL/RETURN RECEIPT REQUESTED (R E V I S E D) w Mr. John 0. Gonzalez Building Contractors, Inc. 8440 Bryon Avenue I Miami Beach, cZ L 33141 iN HE: PERMIT #92-000E_57, 192-0006777, #92-0006758, #92-0020432 AND #93-5004911 w FOR 1823-1825 NORTH BISCAYNE BOULEVARDw,'\ AND/OR 330 NE 19 STREET/CHINATOWN Dear Mr. Gonzalez: CESAR H. ODIC) City Manager For your information, I am enclosing a memorandum dated March 18, 1993 from Juan Gonzalez, '•sting Zoning Administrator, regarding the above referenced property. Mr. Gonzalez is requesting revocation of the above referenced permits because you, as permit ho.lder, are in violation of the provisions set forth in City of Miami Resolution No. 92-268 adopted on April 30, 1992 and the Covenants dated April 20, 1992 as recorded under Clerk's Folio No. 92R147152 of the Public Records of Dade County, Florida and December 14, 1992, as recorded in Book 15761, page 2913 of the Public Records of Dade County, Florida, as a result of your failure to pay the Metro' -Dade County Impact Fee on or before February 26, 1993, as required by the aforemention documents. Also, by copy of this letter I am notifying Mr. Isaac Shih, owner of this property that Section 304.2(d) of the South Florida Building Code states the following: "notwithstanding other provisions of this code, compliance with the code shall be the responsibility of the owner". Therefore, as Building Official, I am hereby notifying. you. in accordance with Sections 304.2 and 304.4 of the South Florida Building Code of the following: 1. Revocation of all of the above referenced permits; all work and inspections must cease, including all demolition work. 2. Said permits will not be. re -issued since the Variance :. granted by Resolution No. • ,,92-268, upon which said permits were conditioned has expired. 95 ` 5 0 55 Mr. John 0. Gonzalez March 22, 1993 PAGE 2 A copy of this letter is being sent to all parties involved. If you need any further information, please contact Tomas Menendez, Chief of Inspection Services, 579-6800, Ext. 703. Very truly yours, Santiago Jorge -Ventura, A.I.A. Deputy Director and Chief Building Official SJV/d js Enclosure CC: Sergio Rodriguez, Director Planning, Building and Zoning Department Miriam .Maer; Law Department Irma Aella, Law Department Julie Bru, Law Department Joseph McManus, Deputy Director Juan Gonzalez, Acting Zoning Administrator Tomas Menendez, Chief/Inspection Services Hector Lima, Chief/Code Enforcement Raul Pielago, Chief/Structural Section Sarah Eaton, Historic Preservation Officer Mr. Isaac Shih, Presidents== Miami Chinese Community Center, Ltd. =. 331 NE 18 Street Nj Miami, FL 33132. Alpha Contractor Group, Inc. w 141 Aragon Avenue a Miami, FL 33134 - 95- 150 CITY OF MIAMI, FLORIDA w INTER -OFFICE MEMORANDUM N To Santiago Jorge -Ventura DATE March 22, 19W (Revised) Building Official/Deputy Director Planning, Building and Zoning SUBJECT Chinatown w Department' 1825 N. Biscape Boulevard and/or 320 NE719th Street FROM : REFERENCES : uan onzalez, Acting Zoning Admi istrator Supersedes memo dated Planning, Building and Zoning DepartmentENcLosuREs March 18, 1993, same subject RECOMMENDATION: Please be advised that the applicant for this project failed to satisfy the conditions of a grant of variance (Articles 19 and 21 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami) by the City Commission and therefore I recommend that you revoke all outstanding permits for this project (#92-0006757, #92-0006777, #92-0006758, #92-0020432 and #93-5004911) and further, that the applicant, Mr. Isaac Shih, be instructed to secure the remaining building and specifically to preserve the north tower of the Priscilla Apartments, 320 NE 19th Street. FINDINGS: My recommendation is based on Resolution ZB-115-90, adopted on December 3, 1990; and City Commission Resolutions, 91-92, adopted January 24, 1991; 91-779, adopted October 24, 1991; and 92-268, adopted April 30, 1992; and City Commission Ordinances 10995, adopted September 10, 1992; and 11024, adopted November 12, 1992, here attached. Further, my recommendation is based on the recorded covenants dated April 20, 1992 as recorded under Clerk's folio No. 92 R147152 of the Public Records of Dade County, Florida and December 14, 1992, as recorded in Book 15761 at Page 2913 of the Public Records of Dade County, Florida. These resolutions, ordinances and covenants establish certain conditions and time limitations upon which the grant of variance for this project is based. Articles 19 and 21 of Zoning Ordinance 11000 pertain to variances, the conditions which may be attached thereto, and enforcement of conditions. These resolutions, ordinances and covenants collectively, required the applicant to pay all required fees and obtain all required permits on or before LtLgL&r� ?6., LW, and provided that all plans and permits would be held in escrow until such time that all conditions of said resolutions and covenants have been met. Consequently, the applicant could not commence demolition of the historic Algonquin and Priscilla Apartments and/or commence new construction of the condominium/retail complex until such time that said conditions were met. 95- _150 Page 1 of 2 As of February 26, 1993, certain required conditions had not been met by the applicant, specifically, the Dade County Impact Fee was not paid. Therefore, the variance granted for this project has expired and all permits issued should be revoked, specifically: 1. Building Permit #92-0020432, December 17, 1992, for new construction of the condominium/retail complex at 1825 Biscayne Boulevard. ` 2. Building Permit #93-5004911, March 9, 1993, for revisions to previously i permitted plans. i I 3. Partial demolition permit #92-0006757, issued April 20, 1992, for 1825 Biscayne �oulevard; partial demolition permit #92-0006758, issued April 20, 1992 for 130 N.E. 19th Street; and Permit #92-0006777, issued April 20, 1992 for 1825 Biscayne Boulevard. It is recommended that the applicant be instructed to secure the remainder of the Priscilla at 320 NE 19th Street, and that the north tower receive specific preservation attention. If the applicant desires to again undertake this project, it will now be necessary for him to: 1. Apply to the Historic and Environmental Preservation Board for a Certificate of Appropriateness for activity pertaining to the Algonquin Apartments, 1825 Biscayne Boulevard and Priscilla Apartments, 320 NE 19th Street. 2. Apply to the Hearing Boards Office of the Planning, Building and Zoning Department for variances in the event zoning relief is needed under Zoning Ordinance 11000. Per Article 18, Zoning Ordinance 11000, as amended, this decision is final unless appealed to the Zoning Board within fifteen (15) days of the date of this decision. JG/rj cc: Sergio Rodriguez Assistant City Manager Joseph W. McManus Deputy Director Irma Abella Assistant City Attorney Central File w N -; N w w Page 2 of 2 f ' CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM To: Sergio Rodriguez, Director DATE: March 18, 1993 FILE: Planning, Building and Zoning Department SUBJECT: 1823-25 N. BISCAYNE BOULEVARD AND/OR -��" 330 NE 19 STREET PROPOSED PROJECT FROM : Santiago orge-Ventura, A.I.A. REFERENCES CHINATOWN Deputy Director and ENCLOSURES: Chief Building Official Per your request, attached is a chronological report of the up-to- date status regarding the above mentioned proposed project at 1823- 1825 North Biscayne Boulevard (CHINATOWN). SJV/d js Attachment cc: Joseph McManus Juan Gonzalez ALL SECTION CHIEFS Central file 95- ISO 5� �i DATE: March 17, 1993 RE: 1823-1825 NORTH BISCAYNE BOULEVARD AND/OR 330 NE 19 STREET - CHINATOWN Below is a chronological report of the. status regarding this proposed project: 1. OCTOBER 16, 1990 - Mr. Isaac Shih, obtained Variance #90-09A from Metro -Dade County Department, for renovation of the above mentioned property. 2. MARCH 3, 1992 - Metro Dade County Clean Air Section of D.E.R.M. approved the required notification regarding asbestos, as having been submitted in;.compliance -with applicable regulations for 1825 North.Biscayne Boulevard. 3. APRIL 15, 1992 - the required letter from the Structural Engineers who will be at the site as Threshold Inspectors was submitted. 4. APRIL 20, 1992 - partial Demolition Permit #92-0006757 was issued for 1825 North Biscayne Boulevard. All of the required fees for foundation permits only, were paid. The plans, permits and permit card were kept in the office of Tomas Menendez, Chief/Inspection Services Division, as escrow which was agreed by all parties. 5. APRIL 20, 1992 - Building Permit #92-0006777 for "foundation only" -new construction was issued for 1825 North Biscayne Boulevard. 6. APRIL 20, 1992 - partial Demoltion Permit #92-0006758 was issued for 330 NE 19 Street. 7. OCTOBER 29, 1992 - the partial Demolition Permits (#92-0006757 and #92-0006758) were extended for an &dditional 180 days. 8. DECE14BER 15, 1992 - a meeting was held with Isaac Sznol, Isaac Shih, Hector Lima, Hiram Perez and myself in order to clarify Variance #90-09A previously issued by Metro -Dade County D.E.R.M. Department. 9a. Our records show that on August 7, 1992, the plans were submitted to this department for review and on December 17, 1992, the review was completed. b. DECEMBER 17, 1992 - Mr. Shih paid a total of $88,144.31 to cover all of the required City of Miami permits, certificates; including the City of Miami Impact Fee; however, he failed to pay the required Metro -Dade County Impact Fee. On December 17, 1992.,:'approval was obtained from Miami Dade Water and Sewer Authority Department. 9 - 150 PAGE 2 ` c. DEf-,EMBER 17, 1992 - Building Permit #92-0020432 was issued for new construction/condominium and retail for 1825 N. Biscayne Boulevard. 10. Our records indicated that on January 13, 1993, the plans were submitted for revision and were reviewed and completed by all plans examiners on March 5, 1993. Also since January 13, 1993 - March 5, 1993, Mr. Shih re -submitted any drawings which were rejected by any trades until March 5, 1993 when the plans were finalized. On March 5, 1993, Victor Martinez, Building Plans Examiner, inadvertently approved the plans without checking whether the Metro -Dade -County Impact Fee was paid. Mr. Shih failed to deliver the plans to Tomas Menendez, as escrow as agreed on'April 20, 1992. 11. MARCH 9, 1993 - Building Permit #93-5004911 was issued for "revision". 12. MARCH 9, 1993 - a final Building Permit was issued to the contractor for new construction/condominium and retail. 13. MARCH 15, 1993 - it'was brought to our attention that the Metro - Dade County Impact Fee was not paid; as a result the owner was requested to pay the fee. The job has been stopped until this matter is clarified. 14. MARCH" 16, 1993 - the owner submitted a copy of the receipt for payment of the impact fee dated March 15, 1993. This was verified with Metro -Dade County. Also, before noon, today (3/16/93), I personally inspected the site and determined that for life safety precautions, the debris could be removed as soon as possible due to the oncoming inclement weather. Also, on March 16, 1993, a meeting was held at the Law Department to discuss this matter; the participants were: Miriam Maer, Irma Abella, Sergio rodriguez, Joseph McManus, Juan Gonzalez and myself. 95- 150 0 (111# -;UDRIGL EZ. AICP- .u�jnrn March 17, 1993 Miami Chinese Comm Center LTD CERTIFIED MAIL 44 W Flagler St Ste 401 RETURN RECEIPT REQUESTED Miami, FL 33130 Gentlemen: CESAR H, ODIC) Cily tv1dnagvr RE: 320 NE 19 St TR A Chinatown PB 140-48 Section- 202.2 of the South Florida Building Code sets criterion by which a building is. evaluated to determine .whether or not it is unsafe, constitutes a fire hazard, or is otherwise dangerous to human life or public welfare. A recent inspection and evaluation of the two-story wood frame structure re-eals that is open, abandoned and vandalized; roof structure ro Len; .,weak floors. There are holes in the roof. and floors. It is danger to human life and public welfare. You are therefore requested to secure the structure against unlawful entry within five (5) days and to maintain the structure in a secured condition required by the South Florida Building Code, Section 202, Unsafe Buildings. Your failure to comply with the above requirements will necessitate prosecution in the Metropolitan Court of Dade County in accordance with law. Please advise the Building Code Enforcement Section, of the Department of Building and Zoning and Inspection Services,(P.O.BOX 330708, Miami, Florida or by phone at 579-6842),of your corrections within the above period of time so that we may remove the violation against the property. Very truly/yours / Hector Lima,'Chief HL:hs Building Code Enforcement Section cc: Alpha Contractor Group Inc. 141 Aragon Ave Miami, F1 33134 Building Code Enforcement Section (2) Central file 95- 150 BANNING, BUILDING AND ZONING DEPA, AENT 275 N.W. 2nd Street/P.O. Box 330708/Miami. FL 33233-0708/ (3051 579-6800 j CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM _o Santiago Jorge -Ventura DATE: January 12, 1993 FILE: Deputy Director and Chief Building Official Roar Hec or Lima, Chief Bldg. Code Enforcement Sect. Variance #90-09A SUBJECT : 1825 Biscayne Blvd. REFERENCES: ENCLOSURES: In order to, clarify the requirements within the above mentioned variance, it is necessary to mention the following: A) The finish floor elevation has been allowed to be at 71211ft instead of the required N.G.V.D. 1010ft.. B) All electrical equipments that is permanently attached to the structure, switches,, outlets, receptacles, heating tanks generators and air conditioning units must be at or above the required flood level. This means, that all of the above mentioned must be elevated to 1010ft if located where the finish floor 1s at 71211ft N.G.V.D. cc: All Section Chiefs Tomas Menendez Mr. Zssac Shih, President Miami Chinese Community Center, LTD. 331 NE 18 Street Miami, F1 33132 I 9 5 - 150 l.1/�I " ' FILE CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : December 15, 1992 FILE : SURJECT : PROPOSED CHINATOWN - 1825 BISCAYNE BOULEVARD Santiago Forge -Ventura, A. I .A: • pEFERENCES ; Deputy Direct.,.)r and Chief Building -official ENCLOSURES: On December 15, 1992,, I scheduled, a meeting` with Isaac Sznol, (owner and agent for Vie proposed project), Hector Lima, Hiram Perez and myself to clarify the existing variance. #90-09A previously issued by Metro Dade County.�D..O.R.M. Department. The following are the results.. US'i It was intek 'pted by Mr. Sznol -that the variance covered the existing building and the new addition indicating the proposed bank. The variance is subject to two (2) conditions. 1. All electrical equipment that is permanently attached to the structure switches, outlets, receptacles, heating tanks, gen--_rators and. air conditioning units must be at or above the required flood level. 2. By accepting this variance, you will hold Dade County harmless of any liabilities and damages in case of flooding caused by severe storm or hurricane. If you have any additional questions, please contact Hector Lima at 579-5842. SJV/djs Attachment: Variance #90-09A cc: Sergio Rodriguez Joseph McManus Tomas Menendez ALL SECTION CHIEFS Maria Merritt Central f ,,e Mr. Isaac Shih, President Miami Chinese Community Center,;-1•D. 331 NE 18 Street Miami, FL 33132 95- 150 �� Isaac Shih, President Miami Chinese Community Center, LTD. 331 N.E. lath Street Miami, Florida 33132 Res. Variance Number 90--09A .. ; "X dear Mr. Shih: Your application for a variance to the requirements of Chapter 11C-5(A), Metropolitan Dade County 'Code, for the renovation of two existing. buildings into one located at N.E. 16th.street and Biscayne Boulevard, in Section,31a Township 53 South, Range 42 East, Dade County, Florida,,. lies. been reviewed by our, staff. This property is located.in a.Flood Zone AZ with a required Base Flood Elevation•of +�.0.0 ft. N.G.V'.D. The County Flood Criteria is 45.0 ft. N.G.V.D. and the, Land..Elevation+varies_from +5.60 to +6.44:ft. City of Miami'Datum or +5.34' to +6.18 ft. N.G.V.D. The finished floor of the existing buildings.are +6.27 ft. and +6.68. ft. City of'miami-Datum or +6.01 ft. and +6.42 ft. N.G.V.D. yoU` are requesting to allow the proposed finished floor elevation of the proposed.renovation to be at elevation +7.20 ft. instead of.. the required +10.0 ft. N.G.V.D. ._ According o our lett r of t���gg���t, t �N� ord"e., ,:.:;�.<,x a ihe:; Q c�►..';��. owe r •. IOD, The' preservation was requested in order to maintain a portion of a• structure that represents .,a development style of historical importance. This tower could not be saved if the F1ood'Criteria were enforced. Raising the floor An the tower area would reduce utilization of. the space and would require modification to the existing building foundations. It 'would also deny handicapped.-•• and other persons access to the shops unless ramps and steps -are- installed. 4° You are also, planning to construct portion of th6 building. The bank wil both Biscayne Boulevard and from N.E.. provide adequate handicap.ramps and acc generates a need for the variance. Th a 1:12 slope makes the interior design difficult if the full enforcement required. a bank in thesoutherly*: 1 have outside access from: 18th Street. The need to eat at these two locations•• e construction of ramps at., of the facility extremelyi- of the' Flood Criteria- is:!, ---------------------------------------------- 1K ......... -............................................ 150 From : PETER F. POON r .CT P.C. • ' 21. 2022 12: 11 PM P@ =' Our review of this application• indicates that this property is located .,in a flood zone that. is not subject to wind and wave action. Due to a limited space in the building, you made an �•,.., fffort to raise the existing slab to +7.20 ft. To force you to 'r. taise the floor 'to the required flood elevation would be an unnecessary hardship. Therefore, for all the ,bove, I here ra a -variance to allow the finished flr of the' l ;:t�ti elevation +7.20 ft. instead of t. required +10:0' Et..N.G...V..ti. subject to ,the following conditions: 1. Allelectrical—equipment that is permanently attached to the structure, ew►itches# outlets, receptacles, heating tanks, generators and air conditioning units must be at or above the required flood level..,, 2. By accepting this variance, you will hold Dade County harmless..of any liabilities and damages in case of flooding caused by severe storm or hurricane. You are hereby admonished that the granting of a variance will not relieve the owner from the added cost of flood insurance premium for building below the regulatory flood level. If you have any additional questions please do not hesitate to contact Mr. Isaac Sznol of this office, JS:tc cc: 001770 aoh6- Direo n Alberto Urrec&gat Dade county B s z Dept. Santiago ven ura, City of Miami B & z Dept. �t 9 5 _ � 5i 0 9 5 _ � 5i 0 a.-43 T H U 1 1 . 7• P 0 6 �IZ' J-92-796 11/12/92 ORDINANCE N0.'"® AN EMERGENCY ORDINANCE RELATING TO HURRICANE RELIEF;' AMENDING SECTION 2 OF. ORDINANCE NO. 10$91,;-'. •'ADOPTED SEPTEMBER 10, 1992;'' BY EXTENDING, FOR AN ADDITIONAL NINETY (90)- DAY PEii��IOD; •'` - THE EFFECTIVE DATES FOR ... ALL VARIANCES,': SPECIAL EXCEPTIONS; SPECIAL PERNThTS',' AND OTHER LAND=USE "APPROVALS, - AND THEW 'LIKE, ..GRANTED BY THE CITY ".OF' MIAMI PURSUANT TO ITS ZONING ORDINANCES:. AND SPECIFIC . CHAPTERS' OF THE CITY' CODE,... WHEN SUCH'APPROVALS HAVE EXPIRATION.' DATES WHICH WERE PREVIOUSLY SCHEDULED TO OCCUR FROM AUGUST 24,' 1992, TO NOVE24BER 22, 19921 RESULTING IN A CUMULATIVE EXTENSION OF'ONE HUNDRED AND EIGHTY (180) DAYS; PROVIDING FOR EXCEPTIONS'; CONTAINING A MODIFIER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,, the City of Miami, and its environs were victimized by a devastating natural disaster on August 24, 1992, in the form of Hurricane Andrew; and WHEREAS, there exists many land -use and other authorizations for development activity which have expiration dates on or after August 24, 1992, issued pursuant to City of Miami zoning ordinances and specific provisions of the City Code; and WHEREAS, under the post -hurricane circumstances, it became evident that the holders of many of these grants or permits are unable to reasonably meet the time -lines contained within said City of Miami approvals due to storm related conditions beyond the control of said permittees and grantees; and 95-- 150 •� C= COMMM101F biE Twa or unv 1 2 1992 -a�THU P 0 T WHEREAS, the.' City Commission, on September. 10; 1992, in anticipation of such difficulties, adopted Ordinance No. 10995, granting a ninety (90) day extension on certain specified land - use and other4uthorizations for development -activity; and WHEREAS, poste -hurricane development.. activities have proved more difficult: and 'time consuming than originally'.. contemplated due to circumstances directly attributable to the; hurricane, thus necessitating this additional time extension; and:. WHEREAS, it is in the best interest and general welfare of the citizens of the City of Miami that development activity not be further adversely' affected by time -lines and deadlines now rendered untimely and unreasonable by hurricane -related developmental impediments; and WHEREAS,: it is not the intent of the City of Miami Commission that this ordinance apply in any way to requirements of the South Florida Building Code or any actions by the Building Official of the City of Miami pursuant to provisions of the South Florida Building Code, or to Certificates of Use for existing activities; and . WHEREAS, it is the intent of the Miami City Commission that this ordinance shall not apply to or be the basis for any further extension of time available for the payment of funds due the City . to guarantee required parking, and any and all such obligations shall be due pursuant to the terms of their authorizing document(s), subject to the terms of Ordinance No. 10995, without any further extension. %� _95- 150 i 1 ' :HR.r.16-95 THU 1 1 P 0� NOWT THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAi Section 1: The recitals and findings contained in the Preamble to' this Ordinance are hereby adopted..by reference thereto and incorporated herein as if fully set:.forth in this Section. Section 2...'Ordinahce No. 10995, adopted September 10,'1992, is hereby as fol.lowstl/ o * * A w dr Section 2. As a consequence of the devastation and havoc wreaked by Hurricane Andrew. on August 24, 1992, all land -use, , zoning, or other such authorizations and/or approvals granted by the City of Miami. Commission and all boards, committees and agencies under the jurisdiction of the City of Miami Commission pursuant to a City of Miami zoning ordinance or. Chapters 17, 23.11 54.5 and 62 of the Code of the City of Miami which were to have expired during the period from August 24, 1992, to November 22, 1992, are hereby automatically extended for en additional none hundred and eighty (180) days. Section 3. The provisions of section 2, above, shall not apply .to or be the basis for any further extension of time provided for the payment of money due the City to guarantee the provision of required parking, and any and all such obligations shall be due pursuant to the terms of their authorizing document(s), subject to the original terms of Ordinance No. 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks \indicate omitted and unchanged material. _ 95- 1507 a-gg THQ. 10995, without the additional ninety (90) day extension provided for herein. Section 4.'' All ordinances or parts of ordinances insofar as they are inconsistent- or in conflict with the provisions of this Ordinance, are'hereby'modified. Section 5.:..if any section, part of. section,: paragraph, clause, phrase"orb`"word of this Ordinance ',is declared invalid, the remaining provisions, of this•Ordinan6e shall not be" 'affected. Section 6 This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity of the City of 'Miami to facilitate approved development activity of all types and lands now greatly needed in the community due to the passage of Hurricane Andrew. Section 7. The requirements of reading this Ordinance on two separate clays is hereby dispensed with by an affirmative vote of notless than four -fifths of the members of the Commission. Section S. This Ordinance shall become immediately upon its adoption. PASSED AND ADOPTED this 12th day of Nove VIER L. S ATTEST �j MATTY Mimi j _CITY CLERK effective I 1992. 95- 150 N r CiR'- 1 8-93 THU 1 1 P. le PREPARED AND APPROVED BY: E. MAXWELLiL EF ASSISTANT CITY ATTORNEY APPRO'-'ED AS TO FORM AND CORRECTNESS: A. I N ES... I I CITY AT NEY•'` M955%JEM/mis 4rM:. aR- 1 A_y9� -r►.-►u 1 1 J-92-646 9/10/92 f-0995 ORDINANCE NO I.:AN EMERGENCY ORDINANCE RELATING TO HURRICANE RELIEF; EXTENDING FOR A NINETY (90) DAY PERIOD, THE EFFECTIVE DATES FOR :'.:.ALL VARIANCES, y.SPECIAL EXCEPTIONS,...SPECIATA PERMITS,-AND.OTHER LAND -USE APPROVALS ;'.'AND THE LIRE;. GRANTED BY THE CITY OF MIAMI FURS NNT TO I'�'S ZONING ORDINANCES AND SPEC IC CHAPTERS OF THE CITY CODE' WHEN SUCH APPROVALS HAVE EXPIRATION DATES'.WHICH WERE PREVIOUSLY SCHEDULED TO OCCUR :FROM! AUGUST 24, 19921 TO NOVEMBER 22,.':.1992; CONTAINING A REPEALER PROVISION • AND A SEVERABILITY CLAUSE; AND PROVIDING FOR A RETROACTIVE EFFECTIVE DATE. WHEREAS, the City of Miami, and its environs were victimized by a devastating natu-il disaster on August 24, 1992, in the form of Hurricane Andrew; rind WHEREAS, there exists many land -use and other authorizations for development activity which have expiration dates on or after August 24, 19921 issued pursuant to City of Miami zoning ordinances and specific provisions of the City Code; and WHEREAS, under the post -hurricane circumstances, it is altogether likely that the holders of many of these grants or permits will be unable to reasonably meet the tisnelines contained within said City of Miami, approvals due to storm related conditions beyond the control of said permittees and grantees; and 150 79 "1AR-j a-93 THU 1 1 ?T, P . 0 'S WHEREAS, it is in the best Interest and general welfare of the citizens of:the City of Miami ;that development activity not be further adversely affected by such timelines and deadlines now relidered untimely and unreasonable by hurricane -related developmental impediments; and, WHEREAS, 'it' is not the intent of the. City of Miami Commission that , ihis Ordinance apply in any way' to , requirements of the South Fiarida Building Code or any actiona.by-:the.Buildinq Official,of the 'City of Miami pursuant to provitioniof the South Florida Building -Code,- or to Certificates of Use for existing activities; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and Incorporated herein as if fully, set forth in this Section. Section 2. As a consequence of the devastation and havoc wreaked by Hurricane Andrew on August 24, 1992, all land -use, zoning, or other such authorizations and/or approvals granted by the City of Miami Commission and all boarda, committees and agencies under the jurisdiction of the City of Miami Commission pursuant to a City of Miami zoning ordinance or Chapters 17, 23.1, 54.5 and 62 of the Code of the City of Miami which were to have expired during the period from August 24, 1992, to November 22, 1992, are hereby automatically extended for an 7(additional ninety ( 90 ) days. _7. !-i lJ 1 1 _ P . 0 44. Section 3., All ordinances or parts of ordinances insofar as they are inconsistent or in conflict.with the provisions of -this Ordinance, are hereby repealed. Section 4 If any sectibnn, part of. section; paragraph, clause, phrase; or• word of- this Ordinance is decjared.,i'hva.lid, the ramasining.: groAs.: ' ns of this Ordinance shall not -be a.ftected. Section 5 `. This' Ordinance' is hereby die clariad to be an emergency, measure on the grounds of `urgent public need for the preservation of peace, health, safety, and property.of the City of Miami, and upon the.further grounds 'ot'the necessity of the .. City of Miami to t'ac litate-'�approved development" activity of all types and lands,'now,greatly needed in the community due to the passage of Hurrl aize Andrew. e h Section 6.. The recuirementB; of .reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall, upon its adoption, take effective retroactively on August 24, 1992. PASSED AND ADOPTED this iot day of , 1992. XAVIER ��-� JUAREZ, MAYOR ATT ' T : � - MATTY HIRAI OITY ; CIGERR 150 77 -3- 4noam� s.� N THU 1 1 . I i m --4- I P . 0 S 95- 150 i lin J-92-296 413OV92 92- 268 RESOLUTION NO. A RESOLD^'ON, WITH ATTACHMENTS, CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED BY RESOLUTION NO. 91-779. ADOPTED OCTOBER 24, 1991, WHICH GRANTED A VARIANCE FROM ORDINANCE N0. 9500. AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING TEE CONDITION WHICH REQUIRED THAT THE CITY BE F.LACED IN A POSITION OF MORTGAGL'E WITH RESPECT TO BOTH TEE BISCAY" BOULEVARD.. PROPERTY AND TEE NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO LESS THAN .$250,000 AND REQUIRING THAT THE - APPLICANT POST AN AMOUNT 0F'$250,000 IN CASH, ON OR, BEFORE" AUGUST 30, 1992. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY: BY CHANGING THE DATE BY WHICH THE. CONSTRUCT:. N OF THE SECOND PEASE OF THE.. APPLICANT'S PROJECT SHALL COMMENCE; BY DEIETING• TEE CONDITION OF SAID -VARIANCE WHICH REQUIREL THE CITY OF • - Mum ("CITY*) •ADMINIST. ON AND THE CITY ATTORNEY TO PROVIDE ASSURANCL- :0 THE CITY COMMISSION THAT, "THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF 5250,000";'CLARIFYING TEAT ALL PLANS AND PERMITS SHALL. BE KEPT' IN -ESCROW BY THE PLANK-ING , BUILT.:'_-IG An ZONING .. DEPARTMENT AND THAT NO DEMO,w:":ON OR CONSTRUCTION -SHALL TAKE PLACE AT TEE B_SCAYNE BOULEVARD PROPERTY OR AT TEE NORTHEAST 4TH AVENUE. PROPERTY UNTIL SUCH TIME THAT THE APPLICANNT POSTS SAID $250,000, PAYS ALL FEES THAT A` )UE FROM THE APPLICANT RELATED TO THE CHINATC. PROJECT, INCLUDING BUT NOT LIMITED TO, DADS COUNTY IMPACT FEES AND CITY OF MIAMI IMPACT FEES, AND TEAT THE PLANNING, BUILDING' AND ZONING DEPARTMENT APPROVES TEE FINAL BUILDING PERMIT; CLARIFYING THAT, SHOULD TEE APPLICANT FAIL TO POST SAID $150,000, PAY ALL FEES DUE. OR OBTAIN APPROVAL F THE FINAL BUILDING PERMIT ON OR BEFORE AUGUST 30, 1992, TEE VARIANCE GRANTED BY RESOLUTION NO 91-92, AS AMENDED BY RESOLUTION NO. 91-779, SAAT.7. EXPIRE; FO THER. BY DELETING TEE CONDITION THAT A•. CMULEM APPRAISAL AND A CURRENT TITLE INSURANCE POLICY PERTAINING TO BOTH TEE BISCAYNE BOULEVARD PROPERTY AND TEE NORTHEAST 4T3 AVENUE PROPERTY BE RECEIVED BY THE CITY ATTORNEY. ATTACHMENT (S) CONTAMED 95- ISO CITY COMMISSION mr=TIHG OF APR 3 0 1992 Resolution No. 92- 268 wEEREAS, the City Commission at its meeting of January 24, 1991, adopted Resolution No. 91-92 granting a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami. Florida, subject to certain conditions set forth in said Resolution, a copy of which is attached hereto as Exhibit "A"; and wHEREAS, the City Commission , at its ''meeting of October 24. 1991, adopted Resolution No. 91-779 granting the applicant's request to amend Resolution No. 91-92 ,subject to certain conditions set.forth in said Resolution, a copy of which is attached hereto as Exhibit "E"; and VEEREAS, the City Commission deems it advisable to further amend Resolution No. 91-92 to clarify one of the conditions of the variance as hereinafter set forth; NOW, THEREFORE, HE IT RESOLVED BY TEE COMMISSION OF TEE CITY OF YZ ! , FLORIDA: Section 1. The recitals and findings contained in the ?_ e..._-1:le to t!:_1 s Resolution are hereby adopted by reference Whereto and -4 ncorpor aced herein as if fut ly set forth in this Section. V M Section 2. Resolution No. 91-92, adopted jz:uar 24, 1991, -s hereby _trthee amended in the following Wiz= :iVrlars:�'/ Words and/or •figures stricken `through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 9 5 - 150 52- 268 Section-2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of G. "Minimum Open Space Requirements", and "Minimum Off -Street Parking Requirements." and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4►, to thereby allow the construction .of a 70.025 square foot commercial-building;rjRroviding zero (0) of 316 required off-street parking 7spaoes; zero; (0) of three �3) required off-street loading bays; 0' front setbaok-•.(10' required); 0'- side street .yard (7.5' required); .8';-side yard (42.9' required); 58%/31,639 square feet open spaoe.• (64%/34,970.21 square feet requiredl;t17%/®;200.43 equarp feet of pedestrian open space ( 219G! 11, 47q,.. 6 square , ;feet required) ; - , and elimitating-Scthe required- vision- clearance at the intersection of Biscayne Boulevard and _Northeast 18th Street for the property, located = at 1801�-U59 ,Biscayne Boulevard, Miami; Florida, also descrALbekRas Tract A, Tentative Plat No 1380.- "CEINATOWN as per plans on file dated November 7, 1990, ;is hereby granted, said variance having .a time, limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following: (1) the..,80 parking spaces (as indicated on plans on file dated November 7, 1§90) must, be provided on the back portion of the block (the Northeast 4th Avenue property); (2) parking spaces (as per pan ls on file dated November 7,, 1990) must be zrovid'd prior to issuance o: Certificate of Occupancy; (3) a V=14ty o: title fors,Tract A. whereby the Northeast 4th Avenue property sha.1-1 not be sold separately from Biscayne Boulevard proper-ty, must be provided prior zo issuance of a building permit; (4) in the event that =e applicant provides the 80 parking spaces at as Alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt, from the requirement that these spaces be rrovided on the back portion of the block; (5) said roan must reoeive landscape plan approval by the =a. ing , Building as d Zoning Depar %meni of the Clty of uiami, Pierida; (6) anz requesz for changes to the herein -referenced plan for parking spaces must be presented at a public hearing o: the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; asd (7) a oovenant, whereby the applicant agrees that the property will be subject to the hereit listed conditions subject to the approval of the Cltc Attorney waiving, however, the requirement that all mortgagees join in said covenant. must be Filed is the Public Records of Dade County, Florida; 95- 150 -3- y2; 96� said variance being &!so conditioned upon theC--ty .K • • • • • • • • - • •off • - • • • • • • • • u „ - • • • • 'limited to Dade Couniv impact fees and. Ciro of iai.a impact fees, and that the Planning. �iLi 1 LI r pn Zc)__ 4 nQ �a' '�-•-�!'n�- ���oye� 't1�_a_final �: ermi t and th t j�•.,- _c _�••'�.z t:e al i Cant oai l to ;cst sai r+ S250 000 a' 1 roes '4Y.A 3" L.1,.l ai r &M2Tn:ZAl of the. Fi l tiJLi �I ne hefoTe August 30 1992 the v _r'�•e :wpw �Or3 Lew th @ Resglv,.;J aT sha6 i` ex;i re f• -,= .h w receipt be �theCitc &tto=nev of the e__oa:.ng :oo�f�ents per da_:�.ng to both the Biscayne Bon?evarc ?=oz.erty and- the Northeast 4th Avenue br Yl�y \+/ VV�r 4►. Yv vim. � I.Li �f�Wr. •/ � rrwd a fcr� acceutab2e .,� ;.he C=ty At;.a_aey; and (=) such ...he_ Wat Eers as nav be require:, by the Adn=�� stra:.=wn Sec ;._on z. s Resol til . on shall become :.wrediately Lion its adoption. t� N effective 95- 150 92- 268 V ^� r PASSED AND ADOPTED this 30th day of ATTEST' Y.AT Y HIRAI CITY CLERK PRgPAR$D AND APPROVED. BY: IRMA H . ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: s "Eii t 411 . QvI9N JO ..S , II CITY ATTO EY _!4/ebglbss/M2888 1992. XAVIER L . SUAREZ . fiAYOR 95- 150 92= 268 J•91-756 . 10/24/91 s RESOLUTION NO. 5 1! 7(9 A RESOLUTIQi WITH ATTACHMENT CONCERNING THE CHINATOWN-'-?R'OJECT, LOCATED AT 1801-1859 BISCAY E BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY "24, 1991, WHICH BAD GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ELIMINATING THE REQUIREMENT THAT THE APPLICANT POST A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF RESOLUTION NO. 91-92 TO GUARANTEE THAT' THE REQUIRED PARKING BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCEDi FURTHER BY ACCEPTING IN LIEU OF SAID BOND/LETTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTYi FURTHER BY CHANGING THE REQUIRED :DATE BY WHICH CONSTRUCTION OF PHASE II SHALL BE COMMENCED FROM THREE YEARS FOLLOWING THE DATE OF ADOPTION OF RESOLUTION NO. 91-92 TO THREE YEARS FOLLOWING THE DATE OF ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE OF THE PROJECTi FURTHER BY WAIVING THE REQUIREMENT THAT ALL MORTGAGEES JOIN IN THE COVENANT REQUIRED OF TEE APPLICANT; FURTHER CONDITIONED UPON THE CITY ADMINISTRATION AND THE CITY ATTORNEY PROVIDING ASSURANCES TO TEE CITY COMMISSION THAT, BY BEING PLACED IN SAID POSITION OF MORTGAGEE, TEE CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000. WRZREAS, the City Commission at its meeting of January 240 1991s adopted Resolution No. 91-92 granting P w • w I ^'07 w'�� s•L l.banr7l a variance fr +' 95- 15 f CITY cm-c-&-a ►ION Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, as set forth in said Resolution a copy of which is attached hereto as Exhibit "A"; and WHEREAS, said variance was granted subject to certain conditions set forth in said Resolution; and WHEREAS, the applicant requests relief from the requirement that a performance bond or letter of credit in the amount of S250,000.00 be posted, valid for a period of three years following the date of the adoption of Resolution No. 91-92; and WHEREAS, the applicant requests, in lieu of said bond/letter of credit requirement, that the City be placed in a position of mortgagee with respect to both the Biscayne Boulevard propertx and the Northeast 4th Avenue property; and WHEREAS, the applicant requests that the required date by which cons tru,ction of the second phase of the project shall be commenced be changed from three years following the date of adoption of Resolution No. 91-92 to three years following the date of* issuance of a final Certificate of Occupancy for the first phase of the project; and 'WHEREAS, the City Commission, after careful consideration of this matter agrees to grant the applicant's requests and to amend. Resolution No. 91-92 subject to certain conditions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY TEE COMMISSION OF THE CITY OF MIAMI, FLORIDAs 95- 150 yJ-- 779 q9— 9RR ', Section 1. The recitals and' findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 91-92, adopted January 24, 1991, is hereby amended in the following particulars:l/ "Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, *Minimum Open Space Requirements", and "Minimum Offstreet Parking Requirements,' and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and S,: -.ion 2023, Subsection 2023.4, to thereby allow ",e construction of a 70,025 square foot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 588/31,639 square feet open space (B4%/34,970.21 square feet required); 17t/9,200.43 square feet of pedestrian open space (21t/11,474.6 square feet required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - 'CHINATOWN", as per pans on file dated November 7, 1990, is hereby .ranted, said variance having a time limitation .:r.til March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following: (1) the 80 parking spaces (as indicated on plans on file dated November 7, 19901 must be provided on the back portion of the block words and/or -.figures tricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 95'gr7 - 150 -3- li9 q2- 26S (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking„ spaces at an alternate location in accordance with applicable City.1.Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (&) any request for changes to the herein -referenced plan for parking spaces must. be presea4d at a. public hearing of the Zoning Boafd, said .request for public hearing to be initiated and-'�paid •for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney waiving, however the requirement that allmortgagees�in sae i covenant. must be filed. n the Public Recorr s c? Dade County, Florida; said variance being also conditioned upon the City being placed in a position of mortgagee with respect to both the Biscayne Boulevard orooerty and the Northeast 4th Avenue oroeerty fGr an amount not less tnan •• for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced, said construction to commence within three vears lollowing the date of issuance ot a Mal Certificate of Occupancy for the first phase o. the ero eeti said Amendment to Variance being 'further conc3itioned upon the City Administration and the City Attorney providing assurances to t e Citv Commission that by being placed in a]2osition Sf mortgagee with resoect to both the Biscayne Boulevard Prooertv anT the -Northeast 4tF Avenue Pr0000e_rty, the City is guarantee an equity In excess of $250,000 and upon receipt by the City -4- 95- 150 92- 2PR ,, . Attorney of the following documents pertain both the Biscayne Boulevard Prop ert an Nort east 4th Avenue rovert : (a) a c, appraisal-, ( ) opinion of title; (c) co current title insurance policy, M in a acceptable to the City Attorney; and ( ) other matters as maX be recuired by Ministration and the City Attorney. Section 3. This Resolution shall become immediately upon its adoption. to the rent 07 TO F r such the effective PASSED AND ADOPTED this �24th day of October , 1991. ATTEST: MATITY HIRAI C T—V CLERK PR_PARED AND APPROVED BY: I RLKA M . ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORK AND CORRECTNESS: JV Q" i'NN JON ES I I I CI."Y A:,r0 NEY IMA/lb/gmb/ 2489 -5- 95-a 150K7 91- 79 J-11•S7(�) 1/91/!1 R:soumox N0. 4 1 • 91 A RtSOLVTION OCNYING THE APPEAL FROM MD ArrIAJKIMG THE DECISION Of THE tON:NO SOX" TO GAJWT A VAAIANCI FROM OADIHANCZ NO. 9500, AS XXZNOtZ, THE ZONING ORO:MANCt OF TMt CITY Or MIAX:, FLORIDA, SCHEDULE OF DISTRICT AZOU'LATIONS, PAGE 1 Of 1, 'MIMIMUM OPEN SPACE RZQUIRZMSMTS', AMD 'M2N:HUK OFrSTRtET PARKING RtOUIRLMENTS,• AND ARTICLE 20, SECTION 2001, SUBSECTION 2001.l.2.G. SSCT:ON 2013 AND SECTION 2033, SUBSECTION 2023.1, TO THEAZSY ALLOW TMt CONSTRUCTION OF A 70,025 SQUARE f00T COPW.ZRCIAL BUILDING# PROV:D:NGc $SRO (0) Of 314 AEQV:Ato OrrSTRttT FAJIKING SPACES, ZERO (0) or THREE (2) kSQU:AtO OFTSTAtET LOAD:NG SAYS# 0' FRONT StTSACX (10' ASQU:RtD)l 0' S:DE STREET TARO (7.S, RtQUIRtD)t 1' S:Ot YARD (/2.9• RtOVIRZO)l 98R/�1,17! SQUARE FEET OPEN SPACS (64!/34,970.21 SC:w.•►S rt%T ASQU:RED)# 17%/9,200.43 SQUARE rttT OF P o�lSTR:AX OPEN SPACE (21%/11,414.6 SQUAAS Ftt? ftgv7IRtD)) AND tL:M:NAT:MG TMt RSQUIRtO VISION CLEAAANCZ A? TXZ.:NTZRSZCTION Of S2SCAYN9 fOULtVARD AND NORTHEAST 11TH STRSt? FOR THE PROPCRTT LOCATCO ! AT 1101-1199 S:SCATNE BOULEVARD, MIA1i:, FLORIDA, ALSO DCSCRISCO AS TRACE'' A, TtNTAT:Vt PLAT No. 1310 - 'CM:NATOMM•, AS PZR PLANS ON TILE DATED NOvtMSSR 7, 1910, SAID VAA:AMCt MAV:NG A T:MZ LIM:SATIOM UNTIL MAACK 2, 1991 IN ttN:CX A SUILDING PERMIT MUST AZ 03TAIN90, AND Bt:NG COND:T:OKCD UPON TNt TOLLONINGI (1) TMS 10 PARKING, SPACES (ASS INDICATED ON PLANES ON f:LE DATED NOVZMStR 71 ItIC) MUST 1t PROVIDED ON TNS SACK PORTION Or THE BL4CX (TXZ NORTHEA:?T 4TX AVZXUS PROPtA?T)# (2) MAKING SPACES (At tSR PLANS ON F:Lt OATSD MOVEXBER 7, 1190) MUST Bt PROV:DZD PRIOR TO :SSUAdICZ OF CLRT2r2CATt of OCCUFAACTI (3) A UNITY OF T2 T*.ot FOR TRACT A, WRZILZBT THE NOATX9AST ITH AVZWUZ PROFtRTT SHALL NOT BS SOLD SLPAXATELT FROM THE BYSCJIYNt BOULEVARD PROPSRTT, RUST 38 PROVIDED PRIOR TO ISSUAMCS OF A BUILDING PLRXZT1 (4) IN TNt M T MAT TMZ APPLICANT PROVIOtS 7M9 10 PARXZPG IFACZ5 AT AN ALTCRMATS LOCATION :N ACCORDANCE WITH APPLICABLE CITY CODS PROVISIONS AND AtGULAT20NS, TMC APPLICANT SMALL At EXEMPT FROM TMS AtOV:AZXZX-. :RAT TMZSS SPACES It PROVIDED ON TMt SACK PORTION OP TMS BL Xl ($) SAID PLAN MUST RECSIVB LAADSC S PLAIT APPPRCVAL IT TMS PLANNING, BUILDING AND SONINO DtPAItTXEMT Or TNS CITY Of X:AX:, f14R:DAI (1) MY RtQVEST FOR CMANGSS TO TMt NERZZN-IltftltSNCSD PLAN FOR P "A:NG SPACES MUST It PRZStMT20 AT A PUBLIC HZAXING OF TMZ SON:NO BOARD, WO RSQVtST FOR PUBLIC Mr -DING TO BS :NITIAT90 AMD PAID TOR BY T21E APPLICANT# AND (7) A COVENAJI? SUSJSCT TO T?It APPROVAL Or TNs CITY AT:'ORNtY, WM9At3T T7t9 APPLICANT AGRZtS —.MAT TXt PROPEATT WILL It SUSJLCT TO THt MtRtIR LISTED CONDITIONS, MVS? BB r:LED :N THE PUBLIC RECORDS of DADS COUNTY, fLOR:DAt SAID VAXIANCt BEING AL40 CONDITIONED UPON Tilt APPL:CAXT POSTING A P'RPOAP"CZ BOND OR LETTER Or CREDIT IN TK9 A#10UN" .if $250, 000.00 VALID TOR A PSRIOO Of TMRts YZAAB FOLLOri,NG Txt OATS Of TKX ADOPTION Or THIS ACSOLVT:OT TO GUAAAMTZZ THAT TMZ RSQU:RZO PAJLR:NG WILL It PROVIOCO AXO THAT THI CONSTRUCTION Or TMt SECOND PHASE Of THE APPLICANT'S PROJECT RILL It com"NCZD. 95- 15® b1- 779 � a ........... ---- .. i Of .;flu 1191 0o- �2 w sw.. a •1s, ••• - o t a A* G t a a vx tAtAs, the Kiamt. Zoning board at its mseting of De,csmber 1, 1990, :tax ita. 2, duly adopted Resolution is lis-tC br a six to aoro (9-01 vote grsntinq a variance as hereinafter let torthl and WMZAbA3, the planninq, sulidlnq and toning Department of the City of Kiami has taken an appeal to the C1ty Ces nission from the gtsnt of the variancei and ww txtAs, the Cttr CoxwLssLon, after careful consideration of this matter finds that that. are peculiar cl.reumstancea affecting this parcel of land and that practical difficulties and unnecessary hardships axiat Which Would tapair the evner's right to the reasonable use of the prerertr witmm t the grant of variance as bereLnafter gas ferthj NOW, TMtAtrQRS, It IT RtaOLVZO IT T!K C*MISS200 C? Tilt CITY Ot xiAiRi, T1,0R2DAt section i. The reettala and findings contatnod in the preamble to this Resolution are. hereby adopted by reference thereto and incorporated herein as it fully set forth in this section. section 2. The detiaion of the soninq board in this matter is affiraed and the request for a varLanee tree Ordinance fa. float as amensed, the Soning OrdiBance of the City of xiani, tiorida, schedule at District Regulations, rage d of i, 'xlninun open space Retuira"ASSI , and OUALeuse Otfstreot parkinq Requirements,•' ani Arttale 20, soetioa 3001, subsection 20ai.9.2.1, $action 2013 and $action 3023t subsectioa :023.4, to therobr allow the construction et a 70,023 sque" toot commercial bVLldingj providing sere (0) of 311 ro".Lred affstreet parking opaeest zero (a) of three (31 re"irad otistreet loading bays? 0' front setback (10, rsmquired)► 0• side atreat yarn (9•5' ~ required)? 11 side yard (42.9, regeirod)l Soo/31t439 square fast open space (i11/35,970.31 square last rogUirod)1 17t/9,200.e3 squats late of padsstrian open space (211/11,474.g square, lost 9�- 150 • 2 y1� J1 required)) and slLninatinq the required vision clearance at the intersection of Useayns boulevard and Northeast 19th Street tar the property located at 1801.1139 &'*earn• boulevard, Kia.1, Florida, also described as Trott A, Tentative Flat Mo. 13to . 'CX:XATO"*t as per plans on file dated November 7, 1910, le hereby granted, said •arlancs hsvinV a ;Los Ita'tation untll march 2, 1191 in which a building permit must be obtained, and being conditioned upon the foll9wingl (1) the s0 parking spaces (as indicated. on plans on file dated November 7, 1990) Must bo provided on the beck portion of the poets (the Northeast 4th avenue propeny)l (i) parkin® spaces (as per plans on file dated November T, 1990) Dust be provided prior to Issuance of Certificate of Ceeupaney)t"(J) a tTnitr O! lLtlo for Tract a, vhecebr the Northeast 4th•Avozuo property shall not be sold .separately from the Discern@ boulevard property, must be provided prior to issuance of a building permit) (4) in the event the% the applicant provides the 60 parking spaces at an alternate location in accordance with applLaable Cat? Core provisions and regulations, the applicant shall be eioupt from the roquirament that Chase spot*$ be provided on the back portion of the block: (S) said plan pus% rseeive landscape plan approval by the Planning, budding and Zoning Copertsont of the CLty of kiwi, rlorids= (4) Any request for Changes to the heroin-referoncea plan for panting spaces aust bO presented at a public hearing of the &oning board, said request for public hearing is be initiated and paid for by the applicants and (7) a covenant, rheroor %as applicant agrees that the property vL11 be sublott to the herein Listed conditions subject to the approval of the City Attorney, oust be) filed 1A the Public Recsr45 Of Cade Csunty, rlortda; said veriane* being also conditioned upon tie applicant posting a psrtotu+anci bond at letter of credit ie the mount of SISC,0oC.00 - oalld for a period of tlsr*o Years folisoving the data of this Resolution to 42arsate* that she required parking will be provided and that the construction of the second phase of the r i applicant's project will be commenced. •t 95- i50 z 3 * a 91- 779 • . O So-ction 3. ThLS AeSolutlon $hall b*CM" olfsctive immediately upon its adoption. PASS = 00 ADOFTLD thI• 2CrP— day of , 1991 tAV R ATT T c ITT CIA Alt rRtrAALD ACID /�A�Pr��RMO DTI `�.s m . Jam" C. N C»ItF ASSISTAPtT CITY AM"tT — ArrROVtO AS TO FORM AM CORALCItaSt tt c t� . Am , C . AM, tY cxx/red/Ib/xll?4 95- 150 i . 51- 92 SJ — 779 9 2 - 268 wart • NR-. i • —9x TMU 1 O 1 4 L,qW 0a Pb 02 1 . s 1.\7i 0/ �l:RtOA cvntr or V09 r;�irq Ii�A IR � fIC� A / of A.O. 1 IA Iri P, DECLARATION OF RESTRICTIVE COVENANTSC. a THIS,DECLARATION OF RESTRICTIVE COVENANTS (the -Declaration-) a made by MIAMI CHINESE CO[ KUNITX CENTER, LTD., a rlorida limited M partnership (the "Owner") in favor of THE CITY OF MIAMi, PLORIDA,, h _. .he State of Florida irthe "Cit r A WHZRV' :- = f: .: ne: holds ie& simDle title to Ue1: La_1 n cesc_ibed a0 anc • .:�:::1!ILi,nC O� i a nC. _ , Tots 4. .` and less A� -.,e ,^egt ��.vC' :9E:. ttl@oZ^� .`�.nc -.1-le .•1i�1 � i ::ley •i^^ No t 1 a: and adiacer_ _ . said Lot and thi 10.00 fee:, alley lying Soutof and adjacent to said Lot 9, S:ock. c, "mIRAy.AR" (also known as the "THIRD AMENDED MAP OF MIRAlLAR"), according tc the 'Plat thereu:, as .recorded :n Plat Book 'I, at Pace ;, of the Pub!--';: -Records of Dade County, }oride, and commonly desciibed as 1801 - 1859 Biscayne Boulevard, Miami, Dads County, Florid& et)._ "Property"), and ` WHEREAS, the Owner is presently'an applicant before the City Of Miami's Planning, Building and Zoning Department for certain building permits consisting of foundation and demolition permits (hereinafter the -Permits-), for the Property; and WHEREAS, the Owner desires to make a binding commitment to as4ure that if issued the Permits, it shall abide by all torms and conditions of this Declaration; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running With the land, binding upon the Owner, its successors and aasians, nn FMIIMWQ 9 5"` i"p- •�1 �43 T H W 1 0 L s L A w SLEPT P C� 3 u 0 1. RECITALS, The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 1, MMr:S ;d%D PLANS uELO *t, ESCROW. .411 Permits a ndjor •--ans app:avat I-v the Cizv in accordance with the provisions of 'Zo -01C In escrow b_ ;.he B;._'_dina Cffieiai _nncLt-;,ns nave been satisfied: _ecnn..uuu__ement_ =-= tie ?cr-___. 'he Departments of ?unlit Works and Fire, Rescue+ anc Inspection Services and Dade Count••s Department of Environmental Resources Management, have been met, to the satisfaction of the Building official; and b. all conditions of tho variance granted the Owner by Resolution No. 91-92, as amended by Resolution No. 91-779, and as :urLhe r clarified by the City Commission of the City of Mj.aml, (the "City Commission"), at its meeting, of April 30, 1992, except for the conditions which require (1)•the provision of 60 parking spaces (as per plans in file dated November 7,'1990) prior to the issuance of a Certificate of Occupancy, and (Li) that the construction of the second phase of the Owner's project be commenced within three years following 95- 150 P. 04 J the dare of issuanco of a final Certificate of Occupancy for the first phase of the Owner's project, have been satisfied; and C. All documents upon the receipt of which the *a=iance granted tv Resolution Na. 91-92, as amenaed by Resclution No. 91-779, and as further :aJ by the __ty Commission at its meeting of �Q, 99: ,s condltzoned, have been tecoived a} the C::ty At_ornev of the City of Miami, (the __ Atta_ne',-- acaentabie to the Cit%- :,zLorney ; nr.n d. Evidence o:, payment of the City,s impact see and wade County's-i:npact zee pertaining Lo the Owner's oroieet, to the satisfaction of the Buildina Official, has been provided. 3. 1:0 CONSTRUCTION OR DEMOLITION TO TAY%E PLACE. o construction or demolition, ourivarit.to the Permits, nor any other activity requiring permits =rom the City's Planning, Building and Zoning Department shall take place at the Property until such time that the conditions enumerated -in paragraph 2(a) through 2(d) hereinabove, have been met. 4. INDEMNIFICATION. In consideration of Ten Dollars ($10.00) and other good and valuable consideration received from the City, Owner hereby agrees to indemnify and save harmless, and covenants not to sue the City, the Building Official, and any and all of the City's agents and employees from, or in connection With( any and all claims and demands of whatever nature i i 95- 150 A fa :47 L_►iW DEBT Pb fad la ' (including allegations of negligence or willful conduct by the City, the Building official, or any agent or employee of the City) arising out of or in connection with this Declaration and/or any of the covenants contained in this Declaration :ncludino :.he covenant whereby the Building Official shall hold _.. es==cu e:_ Permits and/or plans approved b}• the Cit% in __==_•=arse :+it„ she provision of this Agreement, and to _--=:te:s:;• unaer::ake enu assume :ull responsibi:it;• hereinafter --_ the legal defense and representation, including the `ull cost exn9n�i= zherebf— Of t::e Cit,, the Building Of=icia' or amp .._ _,no oVCt v= ti:e• Cety, _r: ;ucY: causes and In connect:c- th any and all causes of action arising thereunder, or which _ripe thereunder. EFFEC:i�'E-DATE. This instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the limitation upon al-1 present and future Owners of the Property. 6. AMENDMENT AND MODIFICATION. This instrument may be modified, amended or released as to any portion of the Property by a written ins^rument executed by the then Owner of the fee simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the City Commission at a public hearing which public hearing shall be applied for and at the expense of the Owner. Should this instrument be so modified, amended or release, the Director of the Planning, Building and Zoning Department or his successor, 95- 150 �•+R- 3 a-9 Z T MI,J 3 O ♦ Lf•+w DEo T P Ob a shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. TERM OF COVENANT. This voluntary covenants on the part rise owner sne:l remain in full !orce and effect and shall be =indinc uoon the owner, its successors and assigns !or an initial !-ears _=am the date this instrument is zs== aec :ne Public Records of Dade County, and shall be __tcmat,c extended for successive periods of ten (10) years -ad:fiet. emencded or released prior to the =hereci . E. :NSogrTION AND ENFORCEMENT. It is understood and .,-•zed that any official inspector of the City may have the right I. t an. time durino norm'. working hours, o'_ entering and investigating the,•use of the Property to determine whether the conditions of this Declaration are being complied with. An enforcement action may be brought by ,the City and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law, 9. SEVERABILITY. Invalidation of any one of these covenants by ,udgment of Court shall not effect any of the other provisions of this Declaration, which shall remain in full force and effect. a7 �0J Q 10. RECORDING. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at .the coat of the ,Owner . IN WITNESS WHEREOF, the undersigned have set their hands and yea_. _..__ .._ ..=�• Gf ., - �- --149� ;;,TNSSSES: CHINESE COMMUNITY CENTER, LTD., a Florida limited partner- shlty By: KZ MI%•CHINATOWN DEVELOPMENT CORP .%,; is Florida corporation :Sisi+� 'SiiIH,, President ..: UN T •t O BEFORE ME, the undersigned autho,ity, personally appeared ISAAC "!!:E1 as ?resident of I:IAYi' CHINATOWN DEVELOPMENT CORP., a Floridr. corporation, as general partner of `:IAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behals of the Limited partnership, who is personally known to me os who has produced as identification, and did take an oath. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by seal this—*41'- day of r'*t•ti , . , 199,_r_ My Commission Cxpires: , , .• .% • . ',,., 1. . Notary Public, State of Florida Print Name; Y M027/IMR/hjr �Oo 95- 150 If Ms. Elba Morles offered the fo lowing Resolution and moved its adoption. RESOLUTION ZB 115-90 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3101.1 OF ORDINANCE 9600, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS AND ARTICLE 20, SECTION 2008, SUBSECTION 2008.9.2.1. SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4 TO ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIAL PROVIDING '0 OF 316 REQUIRED OFFSTREET PARKING SPACES, 0 OF 3 REQUIRED OFFSTREET LOADING BAYS, 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5 REQUIRED) 8' SIDE YARD (42.9' REQUIRED); 58% - 31,639 SQUARE FEET -.OPEN SPACE (64% - 34,970.21 SQUARE FEET)'; 17% - 9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (21% - 11,474.6 SQUARE FEET REQUIRED); AND NO PROVISION OF REQUIRED VISION CLEARANCE AT THE INTERSECTION OF 2:SCAYNE BOULEVARD AND NE 18 STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE BOULEVARD ALSO DESCRIBED AS TRACT A, 4TATIVE PLAT 01380-"CHINATOWN" AS PER PLANS ON ^:LE.. THIS VARIANC-c HAS A UNTIL MARCH 2, '99' :N WHIC A oUILOING PERMIT MUST BE OBTAINED SUBJE TO THIS GRANTING OF VARIANCE BASED ON PLANS ON FILE DATED NOVEMBER 7, '990; WKICH SHOW 80 PARKING SPACES ON THE BACK PORTION OF THE BLOCK; UNITY OF TITLE FOR -RAC' A. !S REQUIRED BEFORE !SSUANCE OF A BUILDING PERMIT; PARKING SPACES AS PER PLANS DATED NOVEMBER 7, 1990 ARE TO BE PROVIDED AT TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY; SAID PLAN BEING SUBJECT TO LANDSCAPE PLAN APPROVAL; ANY CHANGES TO THE ABOVE REFERENCED PLANS FOR PARKING SPACES DATED NOVEMBER 7, 1990, ARE -TO BE BROUGHT BACK TO THE ZONING BOARD IN PUBLIC HEARING, SAID APPLICATION FOR PUBLIC HEARING TO INITIATED AND PAID FOR BY THE APPLICANT; IN THE EVENT THAT THE APPLICANT PROVIDES THE BO PARKING SPACES AT A LOCATION IN ACCORDANCE WITH CITY CODE AND REGULATIONS, THEN THE APPLICANT WILL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION, AS PER PARKING PLANS DATED NOVEMBER 7, 1990. Upon being seconded by Mr. .Lorenzo Luaces the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Sands, Moran, Barket Alonso-Poch and Luaces NAYES: None. ABSENT: None. ABSTAIN: Messr. Milian Me co%v, M^*inn rarriaa 7 to O. 95- 150 . to I I If GG: _ \„ r MA Orr.1576 I PG2°' �l Penm'se Suit. P.O. So: 61.8002 UNITY OF TI ME Miami, Flurda 332il-0002 , 92R514270 1992 DEC 29 09:30 THIS UNITY OF TITLE (the "Declaration of Unity") made by MIMI CHINZISE COZLhUNITY CENTER, LTD., a I'lorida limited partnership (the t. "Owner") in favor of THE CITY OF MIA1dI, FLORIDA, a municipality of the ;;,-to of ^lorida (the "City"). I T y Z 5 S E T II: WHEREAS, the 0oner holds fee simple title to certain property in the City of Hiami, ^lorida, legally described as and consistins of: Lots 2, 6, 7, 10, ll and 12, Block 6, of '•1iRAM.An SUBDIVISI0N a/k/a TIIIP.D AME-11DED MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Page 4, of the Public Records of Dade County, Florida (the "?ronerty"), to which it also holds flee simple title; and WHEREAS, the Owner is presently an applicant before the City oF- Commisc_on !or ca:.ai„ variances from. O:dinance �Io. n•:,CC, as amen'e:^, c.f t::e Bon:..^.a ^:'i-:ance of the City of Miami for the real _20"111 .iesc: _Sew ZG: :1: of Lots 3 and 13, Leta 4, 5, 0, 11 an- 14, less :he :•lest 40.00 feet thereof, and the 10.00 feet -,lev laving North of and adjacent to said Lot 5, and the 10.00 feet alley lying, south of ana ed33cert to zai.. Lot 9, Block 6, ".II;A!IAr° (also ':noun as the "T!IIiD or '•iI �4F1r�R") , ncco:•I•nn to tac ?1at thereof, as recorded, in ?!at gook 3, at Page •„ oP the Public Records of Dade ouity, :'lorida, _.... _.mmod1 y d_sc-.bed as 1.01-1°59 Biscayne i1OL`Ievard, :amia Count_,, ?lorida (tie "Biscayne Boulevard Property"), to which it also holds fee zimple title; and WIIEREAS, the Owner desires to na.ke a binding commitment to assure that the Property and the Biscayne noulovard ?roperty shall he developed in accordance with the provisions of this Decla-ration of Unity; NOW, THEREFORE, the Owner voluntarily covenants an9 agrees that the Property and the Biscayne Doulevard Property shall be subject to the following unity of title that is, intended and Shall' be deemed to be covenants running with the land,f:binding upon the Owner, its suc- cessors and assigns, as follows: 95- 150IC)3 4,9.. —� orr.15761 1 1 I' REC. 1, PSCITAL9. The recitals lnd :indings set forth in the preamble of this Declaration of Unityare hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. t 3. U13ITY Or TITLE. The Owner shall not sell or convey the Property or any portion of the Property separately from the Biscayne boulevard Property or any portion of the Biscayne Bod•levard Property until Owner has met ail the conditions set forth in Resolution �Io. 9l- 03 of the City of Miami as amended by Resolution 'Nos. 01-779 and 93- 268 of the City of :'iami. AMM',D:d�`IT N;ZD MODIPICATI I. This instrument may be modifie:i, amended or -.released as to any portion oR the Property or the Biscayne noulevard .Property by a written instrument executed by the then owner of the fee simple title to; the :land to be effected by such modification, _-endment or release provi.'_ing that same has been -he Commission at a public hearing vhich nut'_.,. in?.: be ap?' ie9 !c: an7 at the a,:L ense of the Owner. hcul,. --_ _.._-_ .-c1t so .;codified, amended or released, the Director o! -= 71_anning, B;._lc.. _ and Zoning Department or his sticco:.sor, s'nz:2 execute _ written. instrument. in recordable form effectuating an,� no:._: _in. =ua.. modi°:--ation, amendment, or rel=ase. .. A^ Th nvt!t!TIAsTrr. o n `` . -�' ...:� vo_unt,. ry covenant on .i... . _ o the Owner shall :amain in full force and effect and shall be .roc., tl-e Ovner, it:,' successors and assigns for an _nitia'. period o= thirty !:0) years from the date this instrument ?a recor.de•a in the Public :.ecords of Dade County, and shall be automatically extended for successive periods of ten (10) years thereafter unless nodi.ie', amended or released prior to'the expiration thereof. Inspection and Enforcement. It is understood any agreed that any official inspector of the City may, have. the right at any time during normal working hours, of entating and investigating the use of the Property and the Biscayne Boulevard Property to determine whether the conditions of this Declaration aL *Unity are being complied with. An enforcement action may he brought by the City or by any property owner within 375 feet of the Property or the liscayne Boulevard Property anti shall be by action at law or in equit,i ® 3 950 Ric: { 576 { 11"9*12 a;ainst any party or person violating or attempting to vio:ate any covenants of this Declaration of Unity, either to restrain violations I or to recover -damages. :he prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. TM. This enforcement provision shall be ;in addition to any other remedies available under the .law. 6. Severability. Invalidation of any one of these covenants by judgment of Court shall not effect any of the other provisions of this Declaration of Unity, which shall remain in full - force and effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land -use regulations applicable to the,property and/or the Biscayne Boulevard Property. 7. Recording. This Declaration of Unity shall he file'. o! accord among the Public Records of Dade County, Florida, at the cost he Owner. ..I i—mE:S PIHEREOF, the undersigned have set their har.Js an ze=-5 the I :.da_p of 1.(�0 Qu L/ i�nl. .IIAKT CIII.I..S.. O:IIlUNITY CENTER, a+.D., a Florida limited partnership O v : KIA"II CII AT01*1 DEVE_r 01 I N C0-? . . a Florid corporation By. ISAAC SBIH, ?resi,ent !,.Idresa 19th :it:_et _. .1i„nip 7 0 - ,f,RY PVS OFFMAL NOTARY SEAL O ,f. OARY L CROWN SGOMN IIV AA71 AA7133o5 MY GOMMISIION EXP. off% OCT. 61003 /V 95— 150 Q ills 41fi. L1.::.:: , I-•:'...+ �1 '•� ..-. GAR? %. IRtGI1N. A11Y. � f f�..� Ar,. 15761 Prnri 13 PO (%w 1 ,,c 2 DECLARATION OF RESTRICTIVE COVENANTS 6J.-Aml- 92RS 1427 1 1992 DEC 29 09.30 THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declara- tion") made by MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida t limited partnership (the "Owner") in favor of THE CITY OF MIAMI, FLORIDA, a municipality of the State of Florida (the "City"). 14 I T N E S S E T H: WHEREAS, the Owner holds fee simple title to certain prop- erty in the City of Miami, Florida, legally described as and consisting of: Lots 2, 6, 7, 10, 11 and 12, Block 6, of MIRAMAR SUBDIVISION a/k/a TIiIRD AMENDED MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book, 5, Page 4, of the rublic Records of Dade County, Florida (the "Property"), to which it also holds fee simple title; and WHEREAS, the Owner is presently an applicant before the City Of ..iami Commission for certain variances from Ordinance `:e. 4;00, as amended, of the 'Zoning Ordinance of the City of iiami for the real property legally described as: l.'_l..of Lots 3 and 13, Lots 4, 5, 8, 0 and 14, ess the nest 40.00 feet thereof, and the 10.00 feet alley lying North of and adjacent to said Lot 5, and the 10.00 feet allev lying South of and adjacent to said Lot 9, ulock 6, "ISIRAMAR" (al -so known as the "Trano AuEl1D_D iL4P OF MIRAMAR"), according to the Plat thereof, as recorded in Plat Book 5, at Page of the Public Records of Dade County, Flo:idh, and commonly described as 1001-1859 Biscayne Boulevard, Miami, Dade County, Florida (the "Biscayne Boulevard Property"), to which it also holds fee simple title; and WHEREAS, the Owner desires to make a binding commitment to assure that the Property and the Biscayne Boulevard Property r shall be developed in accordance with the_ provisions of this Declaration; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property and the Biscayne Boulevard Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land, binding upon the Owner, its successors and assigns, as follows: log 95— 150 1576 } er?g }'4 RECEC . If 1. RECITALS. The rect6als and findings set forth the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. PARKING. The Owner shall, prior to the issuance by the appropriate City department of a final certificate of occupancy, for the improvements to be constructed on the Biscayne Boulevard Property, construct, on the Property or at an alternative location, in accordance with applicable city code provisions and regulations, in effect at such time, automobile parking for no less than eighty (80) automobiles as per plans on file with the City of Miami Dated November 1, 1990. 3. SASEMENT. The Owner shall, at the time of completion of Paragraph 2 set forth above, execute, deliver and place of record in the Public Records of Dade County, Florida, easements of access, use and maintenance or similar type agreements, which easements or agreements shall meet the approval of the City Attorney of the City of Miami, and shall provide, inter alia, that the eighty (00) parking spaces shall be made available to provide automobile parking exclusively for the Biscayne Boulevard Property. 4. LANDSCAPE PLAN. The landscape plan for the Biscayne Boulevard Property shall be subject to the approval of the City's Planning, Building and Zoning Department. 5. Efr?ECTIVE DATE. Upon City approval of the Owner's pending application for variances, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the titre to the Property and the Biscayne Boulevard Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the benefit of and limitation upon all ptesent and future owners of the Property and the Biscayne Boulevard Property, and for the public welfare. 6. UNITY OF TITLE, The Owner shall not sell or convey the Property or any portion of the Property separately from the Biscayne Boulevard Property or any portion of the 95— 150 k lLGiOW MORN MAN i OLAfLR, P.A., PLNTNOUOL BUITL, 11077 f1WAYNL BLVD.. P.O. BOX OI•t002. MIAMI, R »fOI.0001 • 17011 4 • ZiJO AOrr EC' 1576It .915 M Biscayne Boulevard Property until Owner has met all the conditions set forth in nesolution''No. 91-92 of the City of Miami as amended by Resolution tins. 91-779 and 92-268 of the City of Miami. ' ro 7. AMENDMENT AND 14001FICATION. This instrument may be modified, amended or released as to any portion of the Prop- erty or the Biscayne Boulevard Property by a written instrument executed by the then owner of the fee simple title to the land to be effected by such modification,namendment or release providing that same has been approved by the City Commission at a public hearing which public hearing shall be applied for and at the axpense oft,, the Owner. Should this instrument be so modified, amended or released, the Director:�of the Planning, Building and Zoning Department or his successor, shall execute a written f.^.st:u-,.eat in recordable form effectuating and acknowledging such modi_ication, amendment, or release. 2, =-RM OF COVEMAN . This volunt-Ary covenant on the cast of the Owner shall remain in full force and effect and shall be binding upon the Owner; its successors and assigns for an period o= thirty (30) years from the date this instrument recorded in the Public Records of Dade County, and shall be automatically extended for successive periods of ten (10) yea:3 thereafter unless modified, amended or released prior to the expiration thereof. 9. Inspection and T:nforcement. It is understood ana agreed that any official inspector of the City may have the right at any time during normal working hours, of entering and investigating the use of the Property and the Biscayne Boulevard Property to determine whether the conditions of this Declaration are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property or the Biscayne Boulevard Property and shall be by action at law or in equity against any party or':person violating or attempting to violate any covenants of this Declaration, either to restrain violations or to recover damages: The prevailing party in the action or suit shall be entitled to recover costs and reasonable 13"00, 95- 150 ( b -. i attorneys fees. This enforcementlr4ovision shall be in addition to any other remedies available under the law. 10. Severability. Invalidation of any one of those covenants by judgment of Court shall not effect any of the other provisions of this Declaration, which shall remain in full force and effect, provided, however, .that such invalidation may be grounds for the City to amend the' zoning and/or hind -use regula- tions applicable to the Property and/or the Biscayne Boulevard I Property. c 11. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, the %undersigned have set their hands and seals th s �yfi day of k�Le. 1992. WIT:IBS S: MIAMI CHINESE COMMUNITY CENTER, GLTD., a Florida limited partner- // ,, ship i 6x�y t,• ac�,d,� By: MIAMI CITINATOWN DEVELOPMENT CORP., al locida corporation .iSAAC S III, Pttsldent 33! NE 1Si3. irr•cj- 31:Xt= OP FLORIDA • SS: ZOU ;TY OF DADE ) B=rORE ME, the undersigned authority, personally appeared ISAAC SHIN, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, 'as general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership who personally known to me _ .. d ac identification and did/d-i-d-met take an oath. IN :IYTNES5 WHEREOF un I have h bscribed ame and affixed my seal this IVA day of �99 . My Commission Expires: Na pry Public, State of Florida ��vbt188577/R/1 r �orAfky Ad.TybesealociqtN! L1I►. M1: EF HC'ORM iH OPP10At neeoto: W DADS COUNT 1,0�• 61099 • SSCOrovSU,4� �. (Uk of Circuit & Coulty Cowls This InsUumert Vlis Pmrind By CARY L 8N.- I ATTY. BE020W A, -;Li r�li►+, PA 11077 Einar.; viva. Pentha4•ss Sole P.O. Box 61.5002 Miami, F10n0 5370-5'. 02 150 95- DCO20W MOAN MAN L OLAMCII PA.. •CNTM0111C SUITC. 11077 •1/GTNt 1LV0,. P.O. @OM 61.6002. MIAMI, 7L 23101.9002 - 13OV •11•,l7C G u 92-296 4/30/92 RESOLUTION NO. 92- 268 A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED BY RESOLUTION NO. 91-779, ADOPTED OCTOBER 24, 1991, WHICH GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING. ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING THE CONDITION WHICH REQUIRED THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO LESS THAN $250.000 AND REQUIRING THAT THE APPLICANT POST AN AMOUNT OF $250,000 IN CASH, ON OR BEFORE AUGUST 30, 1992, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; BY CHANGING* THE DATE BY WHICH THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT SHALL COMMENCE; BY DELETING THE CONDITION OF SAID VARIANCE WHICH REQUIRED THE CITY OF MIAMI ("CITY") ADMINISTRATION_ AND THE CITY ATTORNEY TO PROVIDE ASSURANCES TO THE CITY COMMISSION THAT, "THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000"; CLARIFYING THAT ALL PLANS AND PERMITS SHALL BE KEPT IN ESCROW BY THE PLANNING, BUILDING AND ZONING DEPARTMENT AND THAT NO DEMOLITION OR CONSTRUCTION SHALL TAKE PLACE AT THE- BISCAYNE BOULEVARD PROPERTY OR AT THE NORTHEAST 4TH AVENUE PROPERTY UNTIL SUCH TIME THAT THE APPLICANT POSTS SAID $250,000, PAYS ALL FEES THAT ARE DUE FROM THE APPLICANT RELATED TO THE CafsNATOWN PROJECT, INCLUDING BUT NOT LIMITED TO, DADE COUNTY IMPACT FEES AND CITY OF MIAMI IMPACT FEES, AND THAT THE PLANNING, BUILDING AND ZONING DEPARTMENT APPROVES THE FINAL BUILDING PERMIT; CLARIFYING THAT, SHOULD THE APPLICANT FAIL TO POST SAID $250,000, PAY ALL FEES DUE, OR OBTAIN APPROVAL OF 'THE FINAL BUILDING PERMIT ON OR BEFORE AUGUST 30, 1992, THE VARIANCE GRANTED BY RESOLUTION NO 91-92, AS AMENDED BY RESOLUTION NO. 91-779, SMALL EXPIRE; FURTHER, BY DELETING THE CONDITION THAT A. CURRENT APPRAISAL AND A CURRENT TITLE INSURANCE POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY BE RECEIVED BY THE CITY ATTORNEY. ATTACHMENT (S) CONTAINED EXHIBIT. `°D, -.._.,'L. CITY COMMISSION MEETING OF APR 3 0 1992 Resolution No. 92- 268 915- 15C WHEREAS, the City Commission at its meeting of January 24, 1991,. adopted Resolution No. 91-92 granting a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, subject to certain conditions set forth in said Resolution, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, the City Commission at its meeting of October 24, 1991, adopted Resolution No. 91-779 granting the applicant's request to amend Resolution No. 91-92 subject to certain conditions set forth in said Resolution, a dopy of which is attached hereto as Exhibit "B"; and WHEREAS, the City Commission deems it advisable to further amend Resolution No. 91-92 to clarify one of the conditions of the variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The reoitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. . Section 2. Resolution No. 91-92, adopted January 24, 1991, is hereby further amended in the following particulars:/ I/ Words and/or 'figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effeot and remain unchanged. Asterisks indicate omitted and unchanged material. -2- . 11� y2- 268 95- 150 Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, Minimum Open Space Requirements", and "Minimum Off -Street Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 aid Section 2023, Subsection 2023.4, to thereby allow the construction of a 70.025 square foot commercial building; providing zero (0) of 316 required off-street parking spaces; zero (0) of three (3) required off-street loading bays; 0' front setback CIO': required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 68%/31,639 square feet open space (64,%/34,970.21 square feet required); 17%/9,200-43.square feet ,of pedestrian open space (21%/11,474.6 square feet - required); and eliminating the required ,.vision clearance at the intersection of, Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described. as Tract A. Tentative Plat No. 1380 - "CHINATOWN"-, as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following:. (1) the 80 parking - spaces (as indicated on plans on file dated November 7. 1990) must be provided on the back portion of .the block (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A. whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on. the back portion of the block; (5) said plan 'must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein-referenoed plan for parking spaces must be presented at.a public hearing of the Zoning Board, said request for public hearing to be initiated and,paid for by the applicant; and (7) a covenant. whereby the applicant agrees that the property will 'ie subjeot to the herein listed oonditions subject to approval of the City Attorney waiving, ho0ever, the requirement that all mortgagees join in said covenant, must be filed in the Public Records of Dade County, Florida; -3- 92- 268 f e said variance being also conditioned upon the et-ty it th -•r- • opex by f or •• • nostinc-T an amount •• 1992. in a form &Qceptable to theCity- • 1 - for secondperiod of three years following the &dDZLt= date of this Resolution to guarantee that the required parking will be provided and that the construction of the phase of •• • project will •- commenced, said construction to commence within three years followingthe date of • - adoption Qf this • 1 • • : • • • S • • - • • • • • • • • • • - - • it 1 • • •91PS111111111• • ` a • • r • • - • - • r . • ' • • • • • IN MaNIMEM.1rage • • • IUM4 • - i • • related to the ChinaJQwn Project including but not limited to Dade County impact Pepe and City of Miami impactfeea, and that the Planning. Builcling and Z.oni,ncr nezoartment approves the final 12vlding permit and that should the app i .An , f&i 1 to p,Qst aa.i d S250 000-pay all Ues due or obtain approve] of the final hllil ind permit on or before August 50. 1092, the var ann6 granted by this Resol uti nn shall.xp -ire • further conditioned upon receipt by the City Attorney of the following documents pertaining to both the Biscayne Boulevard Property and the Northeast 4th Avenue property 4 Qu., c6 carrent apyratisat; (b&) opinion of titles.. ( in a form acceptable to the City Attorney; and (d1a) such other matters as may be required by the Administration and the City Attorney. Section 3. This Resolution immediately upon its adoption. shall become effective 92- 268 95- 150 9 PASSED AND ADOPTED this 3Qth day of Ammil 1992. XAVIER L. AREZ, AYOR ATTEST* MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4l. 9UI" (TOPES, II CITY ATTO EY I IMA/ebg/.pss/M2888 -6- • 92- 268 J-91-756 10/24/91 RESOLUTION .NO. y 779 A RESOLUTION WITH ATTACHMENT CONCERNING THE CHINATOWN • PROJECT, LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA,'AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 19911 WHICH HAD GRANTED A. VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ELIMINATING THE REQUIREMENT THAT THE APPLICANT.- POST A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF RESOLUTION NO. 91-92 TO GUARANTEE THAT THE REQUIRED PARKING BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S- PROJECT •WILL BE COMMENCED; FURTHER BY ACCEPTING IN LIEU OF SAID BOND/LETTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTYi FURTHER BY CHANGING THE REQUIRED DATE BY WHICH CONSTRUCTION OF PHASE II SHALL BE COMMENCED FROM THREE YEARS FOLLOWING THE DATE OF ADOPTION OF RESOLUTION NO. 91-92 TO 'THREE YEARS FOLLOWING THE DATE OF ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE OF THE PROJECT? FURTHER BY WAIVING THE REQUIREMENT THAT ALL MORTGAGEES JOIN IN THE COVENANT REQUIRED OF THE APPLICANT; FURTHER CONDITIONED UPON THE CITY ADMINISTRATION AND THE CITY ATTORNEY PROVIDING ASSURANCES TO•THE CITY COMMISSION THAT, BY BEING PLACED IN SAID POSITION OF MORTGAGEE, THE CITY IS GUARANTEED AN EQUITY IN EXCESS OF $250,000. WHEREAS, the City Commission at its meeting of January 24, 1991, adopted Resolution No. 91-92 granting a variance- from 11: r « --IN t. V.� i 2 J. CITY CCU:' =clflok bTrliG OF _. 0 C T 24 1991 91- 719 OL Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, as set forth in said Resolution a copy of which is attached hereto as Exhibit "A"; and WHEREAS, said variance was granted subject to certain conditions set forth in said Resolution; and WHEREAS, the applicant requests relief from the requirement that a performance bond or letter of credit in the amount of $250,000.00 be posted, valid for a period of three years following the date of the adoption of Resolution No. 91-92; and WHEREAS, the applicant requests, in lieu of said bond/letter of credit requirement, that the City be placed in a position of mortgagee with respect to both the Biscayne Boulevard property and the Northeast 4th Avenue property; and WHEREAS, the applicant 'requests that the required date by which construction of the second phase of the project shall be commenced be changed from three years following the date of adoption of Resolution No. 91-92 to three years following the date of issuance of a final Certificate of Occupancy for the first phase of the project; and WHEREAS, the City Commission, after careful consideration of this matter agrees to grant the applicant's requests and to amend. Resolution No. 91-92 subject to certain conditions as hereinafter set forth; NOW, THEREFOR$, BE IT RESOLVED BY THE COMMISSION OP THE CITY OF MIAMI, FLORIDA: - 2- 95- 150 :� J •- 'r r 9 92- 268 a Section 1. The recitals and' findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 91-92, adopted January 24, 1991, is hereby amended in the following particulars:l/ "Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements", and "Minimum Offstreet Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square f8ot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required)i 0' side street yard (7.5' required); 8' side yard (42.9' r.equired); 58%/31,639 square feet open space (64t/34,970.21 square feet required); 171/9,200.43 square feet of pedestrian open space (21%/11,474.6 square feet required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following: (1) the 80 parking spaces (as indicated on plans on file dated November 71 19901 must be provided on the back portion of the block 1/ Words and/or .figures stricken through shall be deleted. Underscored words and/or figures shalt be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. I 95� 150 92- 268 (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permits (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Floridan (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a Rublic hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicants and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney waiving, however, the requirement that all mortgagees join in-sa id covenant, must be filed in the Public Records of Dade County, Florida;' said variance being also conditioned upon the City being placed in a position of mortgagee with respect to both the :Bisca ne Boulevard property and the Northeast 4th Avenue property for an amount not less than Yal-i-d for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced, said construction to commence within three xears following the date o issuance of afinal' Cert ficate o Occupancyfor the first phase o the prolecti said Amendment to Variance bean urt er conditioned upon the -City Administration and the My A torney Providingassurances to EFFe- City Commission that by being laced in a, osit on of mo.rt a ee with respect, to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is -__guaranteed an equity =n excess of S250,000 and upon receipt by the C tt 95- 150 -4- S1-• <<9 r92-- 268 Attorney of the following documents pertaining to oth the Biscayne Boulevard Property and the Northeast 4th Avenue ro ert : (a) a current appraisal; ( ) o anion of title; (c) copy 0 current title insurance -.2o iy, al in a form acceptable to the City Attorney; and (d) such other matters as maX be _require by the Ac�min- istration ana the City Attorney." Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th ATTEST: i MATTY HIRAI CITY CLERK, PREPARED AND APPROVED BY: 4�,, -,. ojz&�, IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A QU IN JON S II I TY A TORN y . ' IMA/lb/gmb 2499 day of October , 1991. y�_ 268 •fir l 9-7 l uA Ir • b f 32 pl� Z. - J-91-57(e) 1/24/91 RESOLUTION NO. 4 A RESOLUTION DENYING THE APPEAL FROM AND ArrIRMING THE DEC1310M Or THE ZONING BOARD TO GRANT A VARIANCt FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY Or KIAMi, FLORIDA, SCHEDULE Or DISTRICT REGULATIONS, PAGE 4 Or 6, 'MINIMUM OPEN SPACE REQUIREMENTS', AND 'KIHIMUM OrrSTREET PARKING REQUIREMENTS,' AND ARTICLE 20, SECTION 2001, SUBSECTION 2000.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION Or A 70,023 SQUARE FOOT COMMERCIAL BUILDINGI PROVIDINGt ZZRO (0) Or 316 REQUIRED OFrSTREET PARKING SPACES, ZERO (0) Or THREE (3) REQUIRED OrrSTRZtT LOADING BAYSI 0' FRONT SETBACK (10' REQUIRED)I 0' SIDE STREET TARO (7.7' REQUIRED)) 1' SIDE YARD (12.9' REQUTRED)I so%/31,639 SQUARE FEET OPEN SPACt ({1%/34,970.21 SQUARE FLtT RBQUIRED)I 171/1,200.63 SQUARE FEET OF PEDESTRIAN OPEN SPACt (21i/11,e76.6 SQUAB& rttT REQUIRED)) AND ELIMINATING Tilt REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NORTHEAST 11TH STRttT FOR THE PROPERTY LOCATED AT 1101-1139 BISCAYNE BOULEVARD, HIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, TCHTATIVS PLAT NO. 1300 •-CMINATO"'# AS PER PLANS ON PILL DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME LIMITATION UNTIL KXACH 2, 1991 IN WHICH A BUTLDING PERMIT MUST BE OBTAINED, AND BEING CONDITIONEO UPON } THL FOLLOWINGS (1) THt 10 PARKING SPACES (AS INDICATED ON PLANS ON FILL DATED NOV&KBER 7, 1990T• MUST BE PROVIDED ON TMt BACK PORTION Or THE BLOCK (TKC. NORTHEAST 4TH AVENUE PROPtRTT)I (2) TAMING SPACES (AS PZR PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED PRIOR TO ISSUANCE Or CERTIFICATE Or OCCUPA„CTI (3) A UNITY Or TITLE FOR TRACT A, WHEREAT THE NORTHEAST {TH AVENUE PROPERTY SHALL NOT It SOLD SEPARATELY FROM THE BISCAYNE DOULEVARD PROPERTY, RUST 1E PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT) (4) IN THt tVSNT TKAT THE APPLICANT PROVIDES THE BO PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS, THE APPLICANT SMALL St EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON TKC SACX PORTION Or THL BLOCKI (S) SAID PLAN MUST RECENT LANDSCAPE PLAN APPROVAL AT THL PLANNING, BUILDING AN0 ZONING DEPAATMLMT Or THE CITY OF MIAMI, rLORIDA) (5) ANY REQUEST FOR CHANGES TO THE MERLIN-RErtAtNCtD PLAN FOR FAAXING SPACES MUST BE PRESENTED AT A PUBLIC HEARING OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO BL INITIATED AND PAID FOR AT THE APPLICANT) AND (7) A COVENANT SUBJECT TO TKC APPROVAL OF THt CITY ATTORNEY, WHLREBT THt • APPLICANT AGREES THAT THE PROPERTY WILL S& SUBJECT TO THt MERLIN LISTED CONDITIONS, MUST B& rILEO IN THE PUBLIC RECORDS OF DAD& COUNTY, FLORIDAI SAID VARIANCE BEING ALSO CONDITIONED UPON TH& APPLICANT ` POSTING A PZRFORMA.NCE BOND OR LETTER Or CREDIT IN THE MOUNT Or $250,000.00 VALID FOR A PERIOD Or • THREE YEARS FOLLOWING THE DATE Or THE ADOPTION OF THIS PE30LVTIOX TO GUA)WdTEt THAT THE REQUIRED FARXING WILL 111ROVI000 AND THAT THt CONSTRUCTION ry Or THS SECOND IHA$t Or THE APPLICANT'S PROJECT WILL BE COMMENCED. CITY co"I;.:'."S'OK A:T' • i Or 35- 150 :'1414 199) 9J- 779 92 "MURlM @L 92-- 268 l�. .c. P.• 7..1 l e.. WHEREAS, the Miami Zoning Board at Its meetinq of December 3, 19f0, Item No. 2, duly adopted Resolution is its-90 by a six to eero (6-0) vote granting a variance a$ hereinafter set forth) and vmrRtAS, the Planning, Building and Zoning Department of the City of Miami has taken an appeal to the City Commission from the grant of the variance] and lMLRLAS, the City Commission, after careful consideration of this matter finds that there are peculiar circumstances affecting this parcel of land and that practical difficulties and unnecessary hardships exist which mould Impair the owner's right to the reasonable use of the property without the grant of variance as'herelnafter set forth$ NOW, TNLRtrOR[, It IT AX30LVtD BY TNr commIssiom Or THC CITY OF NIAMI, FLORIDAI Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated Herein as if fully set forth in this Section. section 2. The decision of the Zoning Board in thia clatter is affirmed and the request for a wsrLance from ordinance No. 9300, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule, of District Regulations, Page Z of 0, •Minimum Open space Requirements", and *Xinisniis Offstrest Parking Poquirsments,• and Article 20, section 2001, Subsection 2001.1.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,023 square foot conwlercial buildingi providing sere (0) of 316 required offstreet parking special zero (0) of three (3) required offatreet loadLng bays) 0' ,front setback (10' required)l 0' side street yard (7.3' required)l S' side yard (42.9' required)l S1t/31,431 square fast open space (444/34,970.21 square feat required)! 17%/9,200.13 square feet of pedestrian open space (21t/11,474.9 square feet 95- 150 • 2 8J-- 77g9_ 268 required)) and eliminating the required vision clearance at the intersection of siscayne boulevard and Northeast lath $treat for the property located at 1801-1839 Biscayne boulevard, Nlseni, llorida, also described as Tract A, Tentative plat No. 1300 -CHMATOWN', as per plane on file dated November 7, 1110, is hereby granted, said variance having a tLate ,•1,Lm1tatLon until. March 2, 1991 in which ;a building permit must be obtained, and being conditioned upon the follOwLngr (1) the 80 perking spaces (as indicate4 on plans on file dated Novemb-or 7, 1990) Must be provided orb the back porttion of the block.(the Northeast 4th : Avenue property)l (2) parking spaces (as per plans on file dated tI November 7, 1990) must be provided prior to Issuance of Corr of oceupaneyl r(]) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne boulevard property, must be provided prior to issuance of a building permitl (4) in the event that the applicant provides the 00 parking spaces at an alternate location In accordance with applicable City Code provisions and regulations, the applicant shall be exempt trim the requirement that these spaces be provided on the back portion of the block; (S) said plan trust receive landscape plan approval by the Planning, •uilding and toning Department of the City of Miami, florldal (6) any request for changes to the here in-refarenced plan for parking spaces must be presented at a public hearing of the Zoning board, said requeat for public hearinq to be initiated and paid for by the applicant] anM (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed In the Public 9torords of Dade County, rloridal said variance baing also conditioned upon the applicant posting a perfo mance bond or letter of credit in the sibount of $250,000.00 salid for a period of thraa Years following the date of this resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be comwonced. 95� 150 a 91—`779 92- 268 ' � 1 t•� 7 t ! Ai T 6 1 i! 8rctlon ,. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTtD this 24ch day of till. XAV to L. AtL, )-IWFOR ATT T 1M CITY CLERX :PREPARED AND "PROM STO .�.,,�. yr• . �Z�� � . CHIET ASSISTANT CITY ATTORNEY APPROVED AS -TO POKK AND CORRECTNESSI J ALTORN R d CY GHH/rma/lb/XI974 95- 150. 91- 779 92- 268 C11'Y 4F M�A�`ntPNGtD ��• '� iba t3Utt_Otr�� « � . A qlz A. QUIN 5, III City Attorney Lucia A. Dougherty, Esq. Greenberg Traurig 1221 Briokell Avenue Miami, FL.33131 of �ianti January 11, 1995 "Re:. Chinatown, Pro jeot r1T Fire No, A-94-1427 Dear Lucia: (305) : 579-6700 Telecopier:(305) 579-3399 Enclosed is the "'drift" resolution which will be placed on the City Commission 'agenda pursuant to your request dated December 8, 1994. You asked, in your December 8, 1994 letter, for the "refund" of the cash -bond and the "release" of the variance. I have drafted the resolution to provide that you have requested the "release" of t..e cash bond, since said bond is a condition of the variance which must be released in order that the monies may be refunded and also that you have requested the "revocation" of the variance, since a variance constitutes a grant of privilege which may be revoked, rather than an obligation or condition which may be released. if you have any questions, please give me a call. Sincerely, '0., m. VMAO-- Irma M. Abella Assistant City Attorney M780/IMA/bjr Enclosure co: Sergio Rodriguez, Assistant' ty Manager w/eael. Joseph McManus, Deputy Dirsoto Planning, Building & Zoning w/enol. Teresita Fernandez, Chief, Hearing Boards Planning, Building & Zoning w/enol. 9 J — 1 Lourdes Slazyk, Planner II Joel E. Maxwell, Deputy City Attorney w/enol. G. Miriam Maer, Chief Assistant City Attorney w/enol. OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131