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HomeMy WebLinkAboutO-10851i' It . I As J-90-859 2/28/91 ORDINANCE NO. 10851 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMIr FLORIDA, SAID ATLAS HAVING BEEN INCORPORATED IN THE ORDINANCE BY SECTION 300 THEREOF, BY CHANGING THE ZONING CLASSIFICATION FROM 0 OFFICE TO GI GOVERNMENTAL AND INSTITUTIONAL FOR THE BLOCK BOUNDED BY BISCAYNE BOULEVARD, NORTHEAST 60 STREET, AND NORTHEAST 5 COURT; ALL DESCRIBED AS ALL OF BLOCK 4, BAYSHORE REVISED, AS RECORDED IN PLAT BOOK 9, AT PAGE 60, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of September 17, 1990, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 77-90, by a six to zero (6-0) vote, RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas contained in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, said atlas having been incorporated in the Ordinance by Section 300 thereof, is hereby amended by changing the zoning classification from 0 Office to GI Governmental and Institutional for the block bounded by Biscayne Boulevard, Northeast 60 Street, and Northeast 5 Court; all described as all of Block 4, Bayshore Revised, as recorded in Plat Book 9, at Page 60, of the Public Records of Dade County, Florida. Section 2. It is hereby found that this zoning classification change: 10851 .. # (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property values in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. Section 3. Page No. 14 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. -2- 10851 PASSED ON FIRST READING BY TITLE ONLY this 8th day of November , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of February 7 XAVIERIL. UAREZ, MAYOR CITY CLERK PREPARED AND APPROVED BY: )� %ktWM K � % G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4JG L. RNANDEZ CITY ATTO EY GMM/rma/M712 -3- 108 51 JORGE L. FERNANDEZ City Attorney (11ifig of �tamt (305) 579.6700 �► Telecopier: (305) 374.4730 September 6, 1991 A. Vicky Leiva, Esquire "� =�' Ferrell, Cardenas, Fertel & Rodriguez Suite 1920, Miami Center :.''`LO 1.' 201 South Biscayne Boulevard r, .� Miami, Florida 33131-2305 _ r, =_ ; ► ► Re: Cushman School�_i File No. A-90-906 cn Ordinance N6. 10851 Dear Vicky: This is to confirm receipt of the recorded covenant and traffic flow plan on the above -referenced matter. I will be informing the Planning, Building and Zoning Department that all the required documents have been submitted by the Owner and that they have received the Law Department's review and approval as to form and correctness. incerely, Irma M. Abella Assistant City Attorney IMA/lb/P613 cc: Sergio Rodriguez, Assistant City Manager Matty Hirai, City Clerk Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning Gloria Fox, Chief, Hearing Boards Div. Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department I G. Miriam Maer, Chief Assistant City Attorney OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131 i S alk ' CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Guillermo E. Olmedillo Deputy Director oarE September 6, 1991 FILE A"'90-906 'Planning, Building .& Zoning SUBJECT Cushman School Ordinance No. 10851 FROM Irma M. Abe11a REFERENCES Assistant City Attorney ENCLOSURES. Enclosed are the recorded covenant filed by the property owner on the above -referenced matter and the traffic which is a part of said covenant. The property submitted all the documents flow owner has plan now required of it on this matter, and have reviewed and approved said documents we correctness. as t� form: aid IMA/1b/P615 'i cc: Sergio Rodriguez, Assistant City Manager Matty Hirai, City Clerk to E1 Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning Gloria Fo,x, Chief, Hearing Boards Div. Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Assistant City Attorney i AEC. t 5168P04342 DECLARATION OF RFSTRrCTIVE COVFNAtJm� This Declaration of Restrictive Covenants (the "Declaration") made this 3 day of 1991, by THE CUSHMAN SCHOOL INC., a not for profit Florida corporation, (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAKI, FLORIDA, a T municipality located within the State of Florida (hereinafter referred to as the "CITY"). WITNESSETH WHEREAS, the Owner holds fee -simple title to certain Property in the City of Miami, State of Florida (the "City"), consisting of Lots 1 through 6, Block 4, of "Bayshore Revised" according to the Plat thereof, as recorded in Plat Book 9, at Page 60, of the Public Records of Dade County, Florida. (the "Property"); and WHEREAS, the Owner is presently an applicant before the City of Miami City Commission for a change of Zoning Classification in the official Zoning Atlas of the City of Miami from office (0) to government and institutional (GI) for the above described Property (the "Change of Zoning Classification"); WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that I are intended and shall be deemed to be covenants running with the i r I �� I p°1l: 15168PO4343 land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Sectio� 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. Sectio 2. En ^�Iment. The Owner agrees that it shall limit enrollment of its tuition paying students to three hundred (300) students. Additionally the owner will grant ten (10) full scholarships to minorities. The Owner shall submit to the City by October 1st of each school year, a letter from a Certified Public Accountant certifying the amount of students enrolled for the school yeary and the minority representation of the 10 scholarship recipients. Section 3_ e-Events. The Owner agrees to hold no more than one night-time event per school quarter, for a total of no more than four night-time events per school year. Each of the night-time events shall terminate no later than 10:00 o'clock p.m. The Owner shall submit to the City, by October 1st of each school year, a copy of the official school calendar depicting the dates and times of the four night-time events scheduled for the school year. Section 4 T affix+ ZJW. In order to provide increased safety and to alleviate the vehicular congestion during morning drop-off and afternoon pick-up of students, the Owner has instituted a new procedure, subject to the City of Miami Department 2 0 I'® 15 ! 68PI4344 REC. of Public Works' approval, as per the herein described plan graphically depicted in Schedule "A" attached hereto and made a binding part hereof. A. Preschool and 91 Grad : As of October 1, 1990, all car Pools containing only pre-schoolers or first graders shall drop- off and pick-up their children at the M.E. 60 Street turn -around which is adjacent to the science lab. This new procedure should relocate approximately one-third of the cars away from the entrance at 60th Street and 5th Avenue.. B. 2nd to 6th Grades: Traffic on N.E. 4th Avenue will flow South to N.E. 59th Street where it will flow East to Biscayne Blvd. At Biscayne Blvd. traffic will flow North to N.E. 60th Street where it will head West to N.E. 5th Court to the entrance at 60th Street and 5th Court. Section 5 Performance Bond. The Owner shall post a $5, 000. 00 Performance Bond for a period of six (6) months from the date of this instrument's recordation in the Public Records of Dade County, which shall be forfeited to the City of Miami if any of the conditions herein contained in this Declaration are breached by the owner during said six month period. Section 6 ffpctive Date. If the City of Miami Commission approves the Change of Zoning Classification, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns. These restrictions shall be for the benefit and limitation upon all 3 i AEC:15168H4345 present and future owners of the Property and for the public welfare. Section 7. Amen mpn+- A,n� 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 affected by such modification, amendment or release, providing that same has been approved by the City of Miami Commission after 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 City's Planning Building and Zoning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section 8. Term of Covenant. 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 is 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. Section 9. Insp&gtion and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right any time during normal working hours of entering and investigating the use of the Property to determine whether the 4 i REC:151 FOP4346 conditions of this Declaration and the requirements of the Cityps building and zoning regulations are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, 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. Section lo Severab >'tv, Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. Section 11Record =- 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 this 15 day of ,Q,. 1991. WITNESSES: THE CUSHMAN SCHOOL, INC. a not for profit Florida corporation 5 2 1 P AEC.1510.4347 STATE OF FLORIDA ) SS COUNTY OF DADE ) Before me, the undersigned authority, personally appeared DR. JOAN D. LUTTON, as President of THE CUSHMAN SCHOOL, INC., to me well known to be the person described in and who executed the foregoing instrument and who acknowledged to and before me that she executed said instrument under oath, and for the purposes therein expressed. ( SEAL ) Notary Public, State of Florida at Large M Co' y mitiission expires: , wbTi y PkTE OF FLORIbA', PiRES:JAN.27, 1M 6 ti REC. 15168Pc4348 E' r" WHEREAS, the Board of Directors of the Cushman School, Inc., desires to enter into an agreement with the CITY of Miami entitled Declaration of Restrictive Covenant. WHEREAS, the Board of Directors of the Cushman School, Inc., has examined terms, conditions and obligations of the proposed Agreement with the CITY; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Cushman School, Inc., that the President is hereby authorized and instructed to enter into said agreement in the name of and on behalf of this corporation with the CITY of Miami in accordance with the terms and conditions of the Declaration of Restrictive Covenant. IN WITNESS WHEREOF, this ___5 day of J�1991. Attest: Corporate Secretary CHAI , Boar of Directors Print or Type Name JORGE L. FERNANDEZ City Attorneylsp =1 (3051 579.6700 i" ;; �� ' Telecopier, (305) 374-4730 August 19, 1991 A. Vicky Leiva, Esquire 'r C (T Ferrell, Cardenas, Fertel & Rodriguez Suite 1920,.Miami Center 201 South Biscayne Boulevard Miami, Florida 33131-2305 r= Re: Cushman Scho -- File No. A-90-906 TLh Ordinance o. 085 Dear Vicky: This is to confirm my telephone conversation of August 16, 1991 with you secretary, Lenora, where she informed me that the covenant on the above -referenced matter, recorded by your office in the public records of -Dade County, failed -to include the traffic flow plan, referred to in said covenant as "Schedule All. It is my understanding that covenant with you will be re-recording this all its attachments and that with a copy of said recorded covenant. you will provide us Sincerely, IMA/lb/P600 Irma M. Abella Assistant City Attorney cc: Jorge L. Fernandez, City Attorney Sergio Rodriguez, Assistant City Manager -Matty Hirai, City Clerk Joseph Genuardi, Zoning Administrator Planning, Building & Zoning Gloria Fox, Chief, Hearing Boards Div. Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning G. Miriam Maer, Chief Assistant City Attorney OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM i { TO Guillermo E. Olmedillo -ATE August 9, 1991 -= A-90-9( Deputy Director Planning, Buildin & Zoning SUEUECT Cushman School Bo i Ordinance N 1085 FROM Irma M. Abella RE=ERENCES Assistant City Attorney ENCLOSURES 1 Enclosed is the Performance and Surety Bond submitted by the applicant on the above -referenced matter. Said bond has been reviewed and approved by the Law Department as to form and correctness and has also been reviewed and approved by the Insurance Coordinator of the City of Miami. IMA/lb/P581 cc: Jorge L. Fernandez City Attorney Sergio Rodriguez Assistant City Manager Matty Hirai, City Clerk ; Joseph Genuardi Zoning Administrator Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning James J. Kay Assistant Director Public Works Department G. Miriam Maer Chief Assistant City Attorney A. Vicky Leiva, Esquire Ferrell, Cardenas & Fertel Suite 1920, Miami Center 201 South Biscayne Boulevard Miami, Florida 33131-2305 'Y JL�'EIItU1h SASE.© C FINAL CONTRACT PRICI PERFORMANCE AND SURETY BOND NO. 1241636 Premium: 300.00 STATE OF FLORIDA COUNTY OF DADE KNOW ALL MEN BY THESE PRESENTS that the Cushman School, Inc., (hereinafter referred to as the 'Principal'), and Amwest Surety Insurance Company, (hereinafter referred to as the "Surety"), are held and firmly bound unto the City of Miami, (hereinafter referred to as the "Obligee"), in the amount of $5,000.00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, 'successors and assigns, jointly and severally, firmly by these presents. The purpose of this Performance and Surety Bond, (hereinafter referred to as the "Bond"), shall be to ensure compliance with the terms and conditions of the Declaration of Restrictive Covenants attached and made a part hereof, for a period not to exceed six months from the date of issuance of this bond. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of the above stated Declaration of Restrictive Covenants and its obligations thereunder, then, and upon the expiration of the six months period and after written certification from the City Manager of the City of Miami, or his designee, that the terms and conditions of the Declaration of Restrictive Covenant have been complied with; all funds held in collateral for the benefit of the Surety, Amwest Surety Insurance Company shall be released and automatically returned to the Cushman School, Inc., the Principal. IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this 28thday of June , 1991. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. The expiration of this bond shall be effective six months from the date of its issuance. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF US, AS WITNESSES: witness tness THE CUSHMAN SCHOOL, INC. B y: B Principal [Seal] AMWEST SURETY INSURANCE COMPANY By: k i C ff ris Ackerman/Attorney-In.-Fact [Seal] Coun J� By: Flori a cens Resident Agent ***SEE DECLARATION OF RESTRICTIVE COVENANT ATTACHED AND MADE PART HEREOF*** .:.;5 BOND OF EXECUTED COPIES BOND NUMBER 1241636 PRINCIPAL THE CUSHMAN SCHOOL, INC. OBLIGEE City of Miami, Florida POWER NUMBER r 000062911 YOM'-IF NOT USED —78 ` �4-15-92' PENAL SUM $5,000.00*** BV This document is printed on multi -colored security paper with black and red ink, with boarder, ify�ltie ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unalterpd origirpl of flits Power of Atuomey are valid. This Power of Attomey is valid solely in connection with the execution and deliveiy efrhe b6nd.noted•above-arid may tot be used in conjunction with any other power of attomey. No representations or wa may be made by any person. This Power of Attomey is governed by the laws.of the ? gardmg this Power of Attorney used in connection with any bond issued by the Company must be on this form apdTnno ot�l(orm shaIr have forreior effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Sum"an p))does hereby make, constitute and --corporation (the "Corn y n So�i Y, a California appoint: --. �,., - CHRIS J. ACKERMAN AS AN EMPLOYEE OF AMWEST SURETY INSURANCE CpH¢ �~rX1 its true and lawful Attomey-in-Fact, with limited power and authorityfor an to execute. deliver and affix the seal of the Company thereto if d��ta'bel,�lf of [he'Cor�ipany as surety, P Y a sealts regtaffe .on,6on��s, trfidertakings, recognizances or other written obligations in the nature thereof as foiloytis: Bid Bonds up to s**1,000,000.00 .Contract, Court-8 Subdivision Bonds u to ij��' ' `Y License 8 - p s 's 1-,-OD�iO4'�. 0 A ,.... - Permit Bonds up to S**1,000.0V0.06'�.�' Miscettaneous Bonds up -to S**10000,008.00' Sma-on Guaranteed_86 It Business Administration rids- 'itOt So250,000.00 -- -- _ THIS 13Otdp-...�_.OF and to bind -the 'Company thereby. This appointment is made under -arid baut "3r ty of ek�e."By-,Uws-of the Company, which --are now in full force and effect. , CERTIFICATt - 1; the undersigned secretary of Amwest Surety • InsuranW �arr;d !a. California corporation, DO HEREBY CERTIFY that this Power of Attomey remains in full force a VancChas not been revoked - acid ftarthermore, that the resolutions of the Board of Directors set. Forth` tFi 9 °. him{se, aad that the relevant,, prokzsions of the By -Laws of the Company, are now in full foi'ce'and; efface �. ^+ti;. Signed and scaled NOODLAND NILLS,CA this 'day o! 91 June__, 19 "00062911 — 78 Karen G. Cohen. Secretary f,�ti c 15052 Pi; 3373 w This Declaration of Restrictive Covenants (the "Declaration") made this day of �J , 1991, by THE CUSHMAN SCHOOL,, INC., a not for profit Florida corporation, (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY"). WHEREAS, the Owner holds fee -simple title to certain Property in the City of Miami, State of Florida (the "City"), consisting of Lots 1 through 6, Block 4, of "Bayshore Revised" according to the Plat thereof, as recorded in Plat Book 9, at Page 60, of the Public Records of Dade County, Florida. (the "Property"); and WHEREAS, the Owner is presently an applicant before the City of Miami City Commission for a change of Zoning Classification in the official Zoning Atlas of the City of Miami from office (0) to government and institutional (GI) for the above described Property (the "Change of Zoning Classification"); WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions 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 0 N aE1C15052 3374 �• land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. 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. Section 2. Enrollment. The Owner agrees that it shall limit enrollment of its tuition paying students to three hundred (300) students. Additionally the Owner will grant ten (10) full scholarships to minorities. The Owner shall submit to the City by October 1st of each school year, a letter from a Certified Public Accountant certifying the amount of students enrolled for the school year; and the minority representation of the 10 scholarship recipients. Section 3. Night -Time Events. The Owner agrees to hold no more than one night-time event per school quarter, for a total of no more than four night-time events per school year. Each of the night-time events shall terminate no later than 10:00 o'clock p.m. The Owner shall submit to the City, by October 1st of each school year, a copy of the official school calendar depicting the dates and times of the four night-time events scheduled for the school year. Section a Traffic Flow. In order to provide increased safety and to alleviate the vehicular congestion during morning drop-off and afternoon pick-up of students, the Owner has instituted a new procedure, subject to the City of Miami Department K °EC 15052 P� 3375 of Public Works' approval, as per the herein described plan graphically depicted in Schedule "A" attached hereto and made a binding part hereof. A. Preschool and 1st Grade: As of October 1, 1990, all car pools containing only pre-schoolers or first graders shall drop- off and pick-up their children at the N.E. 60 Street turn -around which is adjacent to the science lab. This new procedure should relocate approximately one-third of the cars away from the entrance at 60th Street and 5th Avenue.. B. 2nd to 6th Grades: Traffic on N.E. 4th Avenue will flow South to N.E. 59th Street where it will flow East to Biscayne Blvd. At Biscayne Blvd. traffic will flow North to N.E. 60th Street where it will head West to N.E. 5th Court to the entrance at 60th Street and 5th Court. Section 5. Performance Bond. The Owner shall post a $5,000.00 Performance Bond for a period of six (6) months from the date of this instrument's recordation in the Public Records of Dade County, which shall be forfeited to the City of Miami if any of the conditions herein contained in this Declaration are breached by the Owner during said six month period. Section 6. Effective Date. If the City of Miami Commission approves the Change of Zoning Classification, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns. These restrictions shall be for the benefit and limitation upon all 01 REC 15052 r 3376 b present and future owners of the Property and for the public welfare. Section 7• 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 tee - simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Commission after 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 6f the City's Planning Building and Zoning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section 8. Term of Covenant. 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 is 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. Section 9. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right any time during normal working hours of entering and investigating the use of the Property to determine whether the 4 Ric 15052PG 3377 ` conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 10. Sey. rabil t . Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. Section ii_ Re_nrAin�, 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 this �5 day of �U...� , 1991. WITNESSES F1 THE CUSHMAN SCHOOL, INC. a not for profit Florida corporation REC 15052 3378 STATE OF FLORIDA ) COUNTY OF DADE SS Before me, the undersigned authority, personally appeared DR. JOAN D. LUTTON, as President of THE CUSHMAN SCHOOL, INC., to me well known to be the person described in and who executed the foregoing instrument and who acknowledged to and before me that she executed said instrument under oath, and for the purposes therein expressed. Notary Public, State o Florida at Large %00%%1%Wr"CQmmission expires: OTAI .P44414%.STATEOPFrOIR]", ^e �• X COMM1VJ0d A;APIRES: JAN. 27. 1901a � : j Otjo[Q TM111L 1¢t�ll1L M,!/LIC �MO[eW111f[11l� r •� o ., M RFC 15052F, 3379 M WHEREAS, the Board of Directors of the Cushman School, Inc., desires to enter into an agreement with the CITY of Miami entitled Declaration of Restrictive Covenant. WHEREAS, the Board of Directors of the Cushman School, Inc., has examined terms, conditions and obligations of the proposed Agreement with the CITY; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Cushman School, Inc., that the President is hereby authorized and instructed to enter into said agreement in the name of and on behalf of this corporation with the CITY of Miami in accordance with the terms and conditions of the Declaration of Restrictive Covenant. IN WITNESS WHEREOF, this day of�.ljttA,-1991. RECORDED IN Off ICIAL RlCORM 800a. Of DADE COUNTY, FLORIDA' RICORD VERIFIED ci,o of Circuit & County Courts ''L„��C` Attest: L-iA� ' ;e Se_c54re!Tr____y__'"0 CHAjr& , Boarq of Directors a I-I[.r fa. Print or,Type Name ,1,11 ,�� 1 •,rs �A�� I j �� ,� . . . • eatlscr,�,il. TOR r✓••, r�l..t ...... t of r^ IORGE L. FERNANDEZ City Attorney Imo' 13051 579.6700 Telecopier. 13051 374.4730 August 1, 1991 A. Vicky Leiva, Esquire Ferrell, Cardenas, Fertel & Rodriguez Suite 1920, Miami Center I 201 South Biscayne Boulevard Miami, Florida 33131-2305 Res Cushman School File No. A-90-906 Ordinance No. 0851 Dear Vicky: I have reviewed the suggested Amendment to Opinion of Title you faxed me yesterday, July 31, 1991, on the above -referenced matter and find it to be acceptable. Please Amendment to us in its final form, submit the said together with a co of the recorded covenant made reference to in said Amendment, with all its attachments, for our records. Thank you for your cooperation. Sincerely, fn IMA/lb/P576 Irma M. Abella Assistant City Attorney cc: Jorge L. Fernandez, City Attorney Sergio Rodriguez, Assistant City Manager Matty Hirai, City Clerk Guillermo E. Olmedillo, Deputy Director I Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department Gloria Fox, Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning G. Miriam Maer Chief Assistant City Attorney OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131 I' ,Ay,, orriCC9 FERR,ELL, CARDENAS, FERTEL & RODI9tlot-ZZ A 1wP10rtlS10 VAL ASSOC AT ON 81. -t ORO. v AM CCN-SN fOi 906--A 9I9CA-%g 400LtVARD MIAMI, FLORMA OOLOI.913015 P. -t,.tP,.ONt (305) 37;•®lsaa TCLtCOP-tr f30D: 371.5»g JUL 31 191 02:22PM LF ` )IRM FEPRELL- AP,DENAS E7 AL. Mi.-CN 1M rtgClELb, Ji ALOC"TO A. CARCENA3 ALAN N rCATtL MILY 0000106CS A. V OR- LC'VA bur A. !-tWAq-, 11. PCTto / it%t2CVIC'. I TELEFAJt 0w `!r -S,,= "q ERONS NUMBER OF PAGES BEING MITTEn (Including Cover Sheet): SPECIAL COMMENTS/INSTRUCTIONS: 1. 1 1c �� Y�/� lK'' jr This facsimile Maine PRTVJLEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named above. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering It to the Intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile In error, please Immediately Pot* us by telephone and return the original facsimile to us at the above address via the U. S. Postal Service. Thank You. PLEASE CALL: (305)-371-8585 - IF YOU DO NOT RECEIVE THE FOLLOWING 'TRANSMISSION IN ITS ENTIRETY. JUL-31-91 WED 14:14 305 371 5732 P.01 i F r ^•- JUL i_ ' 91_ _ 0,3PM L���RM FLERRELL; CA.RDENAS ET �-1657 45a ' 1102 ...• r 11r1r't TO M CITY OP MSAMio a political subdivision of the State of tiori4a The Opieian o! 'Pit.ls hated April I, 1021p Sear property legally described ar Lots I through 6, stock d, of "MysHORE RlVt/RD"� according to the Plat thereat, recorded in plat hook o, at page 601 of the Public Records of Dade County# plorida, is hereby a*endad byi (ai GXtendin the of time covered from March 22, 1041 at, at30 P.I. t June ai 19A1 t 31ld P.M.t (b) adding exception nurbsr a as loii'owso B. DsolaratioU of Restrtatave Cov*nants by The Cashman school, Inc, in Favor City of Miami• tiled in o!!!ei*1 "Cords look 15032t page 3991, of the Public Rscor s od! bkii County, Florida, 7, the undersigned, osrtily that ! am an attorney at member in gooSaM duly aaMittad to practice in the State or PTorgida and an a memb Florida Dart n standing m1 the Rsspactfully submitted this ,31st day of Culyf 1/91. • • ........ ,,...,5„QOvs�, Ataa rHrr�s�d 1 I TIJL-31-91 WED 14!14 305 371 5732 P.02 LAW OFFICES FERRELL, CARDENAS, FERTEL, RODRIGUEZ & MISH A ESL A PROFESSIONAL ASSOCIATION SUITE 1920, MIAMI CENTER MILTON M. FERRELL, JR. 201 SOUTH BISCAYNE BOULEVARD ALBERTO R. CARDENAS MIAMI, FLORMA 33131-23015 ALAN K. FERTEL MILY RODRIGUEZ TELEPHONE (305) 371.8585 DAVID B. MISHAEL TELECOPIER (305) 371.5732 A. VICKY LEIVA GUY K. STEWART, JR. March 4, 1991 PETER S. KNEZEVICH Ms. Matie Hirai City Clerk «, City of Miami Se_+ - 3800 Pan American Drive -� �, ;, jT, Miami, Florida n _< <4 C 00 M Re: The Cushman SchoolMl Dear Matie: r" � M co cr This letter is to identify to you the different portioAss of the Cushman School property as they were approved in part and continued in part at the February 28, 1991, City Commission Meeting. The City Commission approved that section referred to as the triangle with a legal description commonly referred as: Lots 1 through 6, Block 4, of "Bayshore Revised" according to the Plat thereof as recorded in Plat Book 9, at Page 60, of the Public Records of Dade County, Florida. The remaining portion of the application has been continued to the second City Commission Meeting during the month of July 1991. Please note that both portions had received a first reading at the City Commission Meeting of November 8, 1990; therefor the "portion" continued shall be scheduled for its second and final reading in July, 1991. Very truly yours, AVL/mcg Y.VICKY LEIVA /09S"/ TO: Matty Hirai DATE: City Clerk March 6, 1991 A-F9A-906 SUBJECT : Cushman School Covenant Item No. PZ-18, City Commission Meeting of FROM : G 1 �%iaMa r REFERENCES: February 28, 1991 Chief Assistant City Attorney Zoning/Development Division ENCLOSURES: Please know that the City Commission at its February 28, 1991 hearing, approved item No. PZ-18, with respect to Lots l through 6, Block 4 of "Bayshore Revised" according to the Plat thereof as recorded in Plat Book 9, at Page 60 of the Public Records of Dade County, Florida, and continued it to the second City Commission meeting of the month of July, 1991 with respect to the remainder of the property for which a change of zoning is sought. GMM: ra: 820 cc: Jorge L. Fernandez City Attorney Robert F. Clark Special Counsel Guillermo 01medillo, Deputy Director Planning, Building & Zoning Department Gloria Fox, Chief Hearing Boards Division Irma M. Abella Assistant City Attorney' J� MIT, (eb --y 10951 ZONING FACT SHEET LOCATION/LEGAL Block bounded by Biscayne Boulevard NE 60 Street, and NE 5 Court; and Approximately 592 NE 60 Street All of Block 4 and Lots 2A3 Block E Bayshore Revised (9-60) APPLICANT/OWNER Cushman School 592 NE 60 Street Miami, FL Phone 757-1966 Alberto Cardenea, M" Perron. Cesi010409 Portal, BWri�1. i ebeal 201 S S"cayoa 11].wl Ste 1920 Xtud, n 33131-2305 Phone 371-8585 ZONING REQUEST —RECOMMENDATIONS PLANNING DEPARTMENT RG-2/4 General Residential. Change on Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, from 0 Office to GI Governmental and Institutional. APPR--- L L The proposed zoning change requires a plan amendment that has been sent to the Department of Community Affairs as part of comprehensive amendments approved on first reading by the City of Miami Cormission on July 26th, 1990. Second reading will be tentatively scheduled for December 1990. The subject site Is owned by the Cushman School; the Miami Comprehensive Neighborhood Plan (1989-2000) establishes that Major Public Facilities, Transportation, and Utilities designation allow ...cultural, religious,* or educational activities..." The proposed zoning change to G/I - Governmental and Institutional Use. be appropriate. 10851 PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD CITY COMMISSION Right-of-way dedication required on Biscayne Boulevard. Florida Department of Transportation review for US 1 (Biscayne Boulevard) may be'required. At its meeting Of September 17, 1990. the Zoning Board adopted Resolution ZB 77-90 by a vote of 6-09 recommending approval Of the above. One OPPONENT -was present at the meeting; Siz ITS were present at the meeting. Two replies in OPPOSITION were received by mail; TVo re—p1 es- -'7Appg were received by mail. At 'to retfas of October 25. 1990. the City CoUtiasion deferred the above. At its meeting of November •, 199®, the City Commission passed the above on First Reading. At its meeting of January 24, 1991, the City Commission continued the above. 1085,E sME 65 o e • 10 1• 12 11 to W • a! �• !! 22 21 ao 1• • 17 t• '• �•••�+ . `` • • r�1-i i. 8 u • 64i 64 St • to o ' ' = W 2 = i �• I. s• o• to 1 2 N R H•' .•. • t 40_ N. 64 fd R®3 1• 12 12 1 Io • • !S 2; 2s C! 21 20 1• 11 I► I• e .e .e ,v ,• „ is A N N. E. 63 ST Q (� N M 2 ' • • 10 12 ►• 16 10 20 V -A I 2 s • f • > 1 >• • • to 12 Is W T RAnCAT� 1 3 N. S T. B r • is 12 1I 10 • f a• 23 as at a0 Is N I1 1! 1+ Z ' ' •o ro � t ` A u S IV 21 s 2S 27 N.E. 62 T Q APp► 3 • • . , 1 2 12 1 ! 1 ` iI: s •`- • 7 �! i a,• 11 7• f i I t a V N.E. 62 ST. i 2 • ls 1• 's I• 17 1• if 20 r • •• so t �e 0 7 • t a i so �• w t t: •� � 61 -ST 37 sc s! • 3 1 , s. • 2► 2+t 27 21 ¢: 00 •Intl O,li E 61 S T. PAR E f ,►t`c •• __— o • 1>y •...ST. • \ . E. a • 1 6Q 1 - I to 14 is • to Z s 1• _• • 1 • o o _ I• • It I• 0 p Q s " is S * 20 2 20 '• 1• s 1 , 1! w 2 14 .NeaiiltE.a..1r ti 9 ; ® BOYDEN SU S T. OLA T• 1 ! a • 7 s • • 7 • f 10 to ! = ~ a a so a • _ �; 1 2 ! • o v _ f 13 v 12 10 • ' 1 0 19 If 17 1• 13 1• 134Go < 7 • y •o • cc s . 1 s • • • 7 •w f• 1 a s 13 t s• 7 • i • ,� 18 , �; � 17 y tr �e r 19 � s t f ' 7` -t• 17 K 1e t• Is 17 is 6 IA a V. 12 1 1 IA 'Stoo- • •• lh •• N •• •• !• .to • 41 57 t ST o 2 0 *2 3 6. It 11 10 I • .� •It I' 1 • 1' U 1• I Is 12 It 10 W I• (' IG 19 14 I la to p N.E. Z is so 1s • w ,. ,. .• , • 5 6 STNL r • _ 21 • • 7 • 1 • ' 0 .r• 10851 Al L %f ;W7 WW ff, . . . . . . . . . . . MWA�JWL 14, Ot 4k, us mr— Jb MOW As , 01 O X X X X X. X KI X ANALYSIS 9D The proposed change is in harmony with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, and does not require a plan amendment. The proposed change is in harmony with the established land use pattern. The proposed change is related to adjacent and nearby districts. The change suggested is within scale with the needs of the neighborhood or the City. The proposed change maintains the same or similar population density pattern and thereby the load on public facilities such as schools, utilities, streets, etc. is the same. Existing district boundaries are illogically drawn in relation to existing conditions on the property. proposed for change. There are changes or changing conditions that make the passage of the proposed change necessary. The proposed change positively influences living conditions in the neighborhood. The proposed change has the same or similar impact on traffic and does not affect public safety as the existing classification. The proposed change has the same or similar impact on drainage as the existing classification. The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. The proposed change has the same or similar impact on property values in the adjacent areas as the existing classification. The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. X= Ma X The proposed change conveys the same treatment to the individual owner as to the owner within the same classification and the immediate area; and furthers the protection of the public welfare. X There are substantial reasons why the use of the property is.unfairly limited under existing zoning. X It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 10851 4d APPLICATION FOR AMENOMENT TO ZONING ATLAS File Number ZA-63- lr Juan J. Mayol, Jr., . heresy aMiy to the City Commis. sion ar the CITY aT Miami tar an orrienamenT to Tne Loning Atlas of the City of Miami as more parrieuiariy Qeseribea herein and, in support of that request, furnish the following information: __ I. Address of property 592 N. E. 60th Street 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Att=A to appticaUcru 3..Affidavit disciosing ownership of orocerty covered by application and disclosure of interest form (Form 9-83 ana a== to appiicatia u. 4. Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (Sde Form 6-83 and attach to appiication.j x S. At least two photog raphs that show the entire property (lend and improvements). 6. Atlas sheet(s) on which property appears 14 X 7. Preient Zoning Oesignation office i 8. Proposed Zoning Designation government and institutional 9. StatemenT e=ioining why present zoning designation is inappropriate. !Attach to appiicatiaru .1.10. Statement, auaw cation! M to why proposed wing designation is appropriate. (Attach to ap#i- . c __ l I. Other (Splevy) 12. icing yes of 5 according to following schedule; (a) To: RS-1, RS-1.1, RS-2, $ 0.12 per sq.ft. of net lot area,minin n RG-1, PD-H, PD-HC, $550.00 (b) To: RG-2, RG-2.1, $ 0.14 per sq.ft. of net lot area minimum RG-2.3, R0719 $600.00 R0-2.1 (c) To: RG-2.2, RG-3 $ 0.16 per sq.ft. of net lot area minimum 110-3 $650.00 10851 W (d) To: CR-I; CR-2, S 0.20 per sq.ft, of net lot area,dnimum CR-3, 0-19 CC-1, $750.00 CC-29 WF-I, WF-R, I-1,1-2: SPI-1,2,=,7, 5,9,11,12 (a) To: CM -I, SPI-6 S 0.22 per sq.ft, of net lot area minimum $850.00 (f) For any change in a sector number only, for a particular district ciassifica- tlon, the fee snail be the some as for a change � its district cieasification, as shown in (b) through (e) above. Signature V I Name J J . WIT. T12 Address 122�rjell Ave e PhWe (305) 579-0570 STATE OF F LORIOA) SS: ,*COUNTY OF DAOE ) JUAN J. MAYOL, JR. SWS that ne is the Wwner) tAumorizea Agents -- arlswer to question li i, aisovefor ; that he has read the fa, true and comoiete; and (if acting as agent for owner) petition on behalf of the owner. �( SWORN TO ANO SLI8SC18E0 before a this —a 9aw of MY COMMISSION EXPIM: . B'MV P;9C*" STITE OF FUAIQA ftCT I. :791 My, being duly sworn, deposes and )t the real property described in , ig answers and that the some are he as h rity to a this IA u�ta:q► ruolic, orate or r lorwa at urge 1085E A.F F 1.2 A V STATE OF MMM) COUNTY OF DAM ) SS. Before me, the undersigned authority, this day persona lly appeared JUAN J. HAYOL, JR. who being by ire first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal rem VsW=tive of the owner, sutzdtting the accaRpa=jing application for a public hearing as required by Onlinance No. 9500 Of the Code of the City of Miami,. Florida , effecting 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. 2. That all owners which he represents, if arty, have given their full and complete permission for him to act izzi their behalf for the change or modificatim 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, Mailing addresses, phone' mmbers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts *as represented in the application and documents SUkrdtted in conjunction with this affidavit aretrueand correct. FVrther Aff;L= sayeth not. 17*1 . �Name) Sworn to and.Subscribed before me this day of 19 go. Not& y Public, State of Florida at Large My CoMlissim Expires: 10851 "7 OWNER'• S LIST Owner's Name The Cushman School Flailing Address 592 N.E. 60th Street Telephone Number 305 757 -1966 Legal Description. SEE 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 individual) (by corporation, partnership or privately) within�3751 ofythersubjectlly site is listed as follows: Street Address Legal Description SEE EXHIBIT "B" Street Address Street Address Legal Description Legal Description & Ed Q 911V 06. 3NN 10851 - "f /A 1. Legal description and street address of subject real, property: SEE EXHIBIT "A" 2.. -Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 5419 requires disclosure of all parties iFa ng a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. The Cushman School, a not for profit Florida corporation* 100X 3. Legal description and street address of any real property (a) owned by any pasty listed in answer to question #2, and (b) located within 375 feet of the subject real property SEE EXHIBIT "B" STATE OF FLORIDA ) SS: COCTiaT OF MDE ) Juan J. Mavol, Jr. , being duly sworn, deposes and says 97t ne is the ( (Attorney or Owner) of the real property described in answer to question il, above; that he has read the fcregoing answers and that the same are true and completey-and if acting as attorney for owner) that he has authority to execu 'this i of7, rship form on behalf of the owner. �,I SWOM M AND SUESCRIH® before me this .2 day of9@,�0 Qwytary Public, state of '— Florida at Large MY CaWSSION WnW: NOTARY PL2L1C STAT. Cr FLNICA HY C:'d .:... '�. ,.:T 12,:731 10851 STATE OF FIAEYDA ) SS: COOrt'IY OF DADE ) Juan J. Mavol, Jr. being duly sworn, deposes and says that ne is- the duly appointed attorney of , the owner of the real property descrioed in answer to questionn#r; = ej that he has read the foregoing answers; that the same are true and com- pletes and that he has the authority to execute this- Disclosure of Owner- ship form on behalf of the owner. A SWDIa3 Tb AND SiJE.SCF�SBF�D before me this day of MY COMMISSIC2%, MIMS: ' KOTAAY r::'.L•.0 'TIT! ee rCCITCA .•y �. -•�r•� r•.e:2.:771 '.5. u•'i0• Wwpc/ab/025 Ll: ic, State of Florida at Large 10851 Street Address 1092 . Y . 592 N.E. 60th Street 592 N.E. 60th Street EXHIBIT A Legal Description Lo ess the south 3 et,' Block E, o Revised," according to at ersof, as recorde Plat Book 9 age 60 he Public Records of Da unty, Florida. Lots 2 and 3, Block E, of "Bay - shore Revised," according to the Plat thereof, as recorded.in Plat Hook 9 at Page 60 of the Public Records of Aade Cou ty, Florida. i•�.a� Lots I through 6, Block 4, of "Bayshor " according to the plat thereof, as recorded in Plat Hook 9, at Page 60 of the Public' Records of Dade County, Florida. 10851 qa EXHIBIT.A 3egin at a point 258 _outheast :orner ')f feet south and 496 feet -.est of the the N.W. _uuth, Rance 42 East .or 7/4 of Section 18, Township 53 r3i1_i to t::e south line a Point of Beginning, thence west z.:ience south parallel :.f said N.:a. _/ 4 a distance ::)f 60 to the East line of t-he S.;i. 1!4 =id Section 13, a distance *line of of _00 feet; thence East aaral'_el to -::e south •:)f said �-i.W. 1!4 a distance of 60 Eeet t,'p :.or=:: parallel _o the East amine =n0 _eet to t::e Point of of said S.;�T. 1thence /4 a distance of Beginning, lying and �eina `.n :ouncy, for ida .•� also known as Dade 525 N.E. 60th Street. Lot 9, Block 3, Map of Bayshore, according to the plat thereof, as recorded in "Plat Book 5, Page 116, among the public records of Dade County, Florida; also known as 5995 N.E. 5th Avenue. 10851• STATMONT IN SUPPORT OF APPLICATION FOR REZONING FILED BY TEE CUSHMAN SCHOOL, -_ A NOT-FOR-PROFIORisnualnro The current "Office" zoning classification of the property is inappropriate because the property has been devoted to school related uses for over sixty years. The office designation would not allow the existing school or its future expansion. Moreover, the current zoning classification does not reflect the new designation of the property in the Comprehensive Neighborhood Plan for major public facilities, transportation and utilities. The requested designation of. "government and institutional" would be consistent with the current designation of the property in the City's Comprehensive Neighborhood Plan. Moreover, the "government and institutional" zoning designation would allow, as a permitted principal use, schools, colleges and universities, public and private, conservatories, and dancing schools. 10851 AMENDED AND RESTATED ARTICLES OF INCORPORATION of - THE CUSHMAN SCHOOL, INC. (a Florida Not for Profit Corporation) With respect to the Articles of Incorporation of The Cushman School, Inc, filed with the Secretary of State of Florida on September 18, 1971, these Amended and Restated Articles of Incorporation of The Cushman School, Inc. have been adopted by a resolution duly adopted by the Board of Directors of the Corporation on April 21, 1988 and a • pproved by a majority of the members present at a meeting duly called on April 21, 1988 at which a quorum was present, and amend and renumber Article II as Article III, delete Article III, amend in its entirety Article IV, renumber Article V as Article II, amend ir. its entirety and renumber Article VI as Article V, delete Articles VII and VIII, create new Article VI, renumber Article IX as Article VII, delete Article X, and amend in its entirety and renumber Article XI as Article VIII. INC. ARTICLE I NAME The name of this Corporation shall be THE CUSHMAN SCHOOL, 10851 ARTICLE II TERM OF CORPORATE EXISTENCE This Corporation shall have perpetual existence. ARTICLE III PURPOSE The purpose of The Cushman School, Inc. is to own, operate and maintain a day school which will emphasize character development, academic excellence, and physical progress in a nuturing, wholesome atmosphere. Reasonable efforts will be made to ensure the success of each student. The following aims shall be pursued to accomplish this purpose: 1. A happy attitude, 2. Acceptance of the tasks of growing and learning as a. personal responsibility, 3. Industry and perseverance in accomplishing these accepted tasks, 4. Honesty with self and with others in every phase of living, 5. Growth in ability to attack learning problems and to use judgment in changing situations, 6. Self control and poise, 7. Wholesome personal habits, 8. An attitude that seeks to understand others' point of view and is ever tolerant and kind, 2 10851 9. Gracious unfailing courtesy, and 10. Appreciations that enrich life. ARTICLE IV MEMBERS Section 1. There shall be one class of members, which shall consist of regular members. To be qualified to be a member, a person must be: (a) a graduate of The Cushman School and at least eighteen years of age, or (b) a parent or legal guardian of a child currently attending The Cushman School; provided that such parent's or legal guardian's membership shall automatically terminate on the last day on which such child of the parent or legal guardian was in attendance at The Cushman School. Section 2 A person who is qualified to become a member of the Corporation shall become and be deemed a member upon the certification by the secretary of the Corporation that such person is so qualified. Section 3. The Board of Trustees by affirmative vote of two-thirds of all members of the Board may suspend or expel a member. for cause after an appropriate hearing. 3 10851 .11 Section 4. Any member may resign by filing a written resignation with the secretary of the Corporation. Section 5. Each member shall be entitled to one vote. Membership in this Corporation is not transferable. or assignable. ART I CL-E V BOARD OF TRUSTEES Section 1. The business of the Corporation shall be managed and its corporate powers exercised by a Board of Trustees. The Board of Trustees shall have full power in the management -and control of the policies, activities, -funds and all affairs of any and every nature of the Corporation. Section 2. The 'Trustees may, but need not be, member.1 of the Corporation and residents of the State of Florida. Section 3. The Board of Trustees shall consist of not fewer than three nor more than eighteen members, as shall be fixed in the Bylaws. The Board of Trustees shall be divided into three classes, designated Class I, Class II and Class III. Each class shall consist, as nearly as possible, of one-third of the total number of Trustees constituting the entire Board. Section 4. Upon, or as soon as practicable following, the filing of these Amended and Restated Articles of Incorporation, 4 10851 at a meeting of the currently existing Board of called for such Directors purpose, Class I Trustees shall be elected for a one-year term, Class II Trustees for a two-year Class III Trustees for a three-Y r term, and year term. At each succeeding annual meeting of members, successors to the class whose term expires at that annual meetingsteal of Trustees 1 be elected for a three-year term. If the number of Trustees accordance with the is changed in terms of these Amended and Restated Articles of Incorporation, any increase or de crease' shall be apportioned among the classes so as to maintain the number of Trustees in each class as nearly as equal as additiY class onal Trustees of an Possible, and any elected to fill a vacancy resulting from an increase iri such class shall hold a term that coincides. with the remaining office for.. term of that class; but in no case will a decrease in the number shorten•the term .of any incumbent Trustee of Trustees Section 5. A Trustee shall hold office until meeting for the the annual year in which his term expires and until his successor shall be elected and shall qualify, subject, however, to Trustee's 7 prior death, resignation, disqualification or removal from office. Section 6. Any vacancy on the Board of Trustees that results from a newly created trusteeship may be filled by the affirmative vote of a majority of Trustees then in office. Any 5 10851 IW other vacancy occurring on the Hoard of Trustees may be filled by a majority vote of the Trustees then in offices, although less than a quorum, or by a sole remaining Trustee. Any Trustee elected to file a vacancy not resulting from an increase in the number of Trustees shall have the same remaining term as that of his predecessor. Section 7. Any Trustee may be removed from office at any tune with or without cause by the affirmative vote of two-thirds of the entire membership. ARTICLE VI EARNINGS AND ACTIVITIES OF CORPORATION Section 1. No part of the net earnings of the Corporation shall be distributed to, or inure to the benefit of, any of its members,- - trustees, or officers, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III hereof. Section 2. No substantial part of the activities of the Corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation (except as otherwise provided in Section 501(h) of the Internal Revenue Code of 1954, as amended (or the successor or successors to that 11 10851 /(0 I ..1 statute)), and the Corporation shall not participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office. Section 3. Notwithstanding any other provision of these Amended and Restated Articles of Incorporation, the Corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from .Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended (or the successor or successors to that statute), or by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954, as amended (or the successor or successors to that statute). Section 4. Notwithstanding any other provision of these Amended and Restated Articles of Incorporation, this Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this Corporation. ARTICLE VII DISSOLUTION In the event of dissolution of this Corporation, its assets shall be transferred to an organization or organizations with similar purposes and aims, which said organizations shall be 7 108511 /7 `1 the type described in Section 501(c)(3) of the Internal Revenue Code of 1954, or -the successor or successors to that statute, and shall have similar tax exempt status under the laws of the state or states in which such organization or organizations shall have been formed or be operating. ARTICLE VIII AMENDMENTS TO AMENDED AND RESTATED ARTICLES OF INCORPORATION These Amended and Restated Articles of Incorporation may be r altered, amended or repealed as provided in Section 617.017 of the Florida Statutes (1985), as amended, for "all other corporations." IN WITNESS HWEREOF, the undersigned president and secretary of the Corporation have hereunto set their hands and seals as of this day of May, 1988. Joan Lutton, resident Secretary E. 10851 /ff . STATE OF FLORIDA - ) ) SS: COUNTY OF DADE ) I HEREBY CERTIFY that on this day personally appeared before me, the undersigned authority, Dr. Joan Lutton, to me well known and well known to me as the person who executed the foregoing instrument and acknowledged before me that she executed the same freely and voluntarily for the purposes therein set forth and expressed. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on this o day of May, 1988. Notary Public, State;. oFlorida^+ My Commission Expires: 7 1 6 9 C E 10851 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before SookleWilliams, who lonedathfsays ythat shells thee eVice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, Published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Ordinance No. 10851 In the ... X .x . X .............................. was published in said newspaper In the Issues of Court, March 26, 1991 Afflant further says that the said Miami Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florlda each day (except Saturday, Sunday and Legal Holidays) and i�as been entered as second as mall matter at the at office In Miami in said Dade un Florida, for a perlod of one year next preceding the fl at pu location of the attached copy of ear next prec � and Parsaffl t lurt or says that she has neither paid nor promisea any Pars u f or corporation any discount, rebate, commission or r fu for the urpose of securing this advertisement for pth a(d newspap r. pub[ ion In . ..:;p +S*;o "R�'Indc *bscrlbed before me this ...26tbby of ... ' t .. ..*...... A.D. 1g, 91 (SEAL) • � ' .«�•'�'•`:'�-�-r.. ...... ..; .. r�ST "` Op 41 OF Fl.. Ry 4'FY4.♦ "OFFICIAL NOTARY SEAL" CHERYL H. MAR11ER MY r,OliM. EXP. 4/12/92