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HomeMy WebLinkAboutM-91-0770 3 ~'~n~ Jacobson Schwartz Nash Block ~ 100 Southeast 2ru1 Street Mwmt, ,~lorlda 33131-2130 (3A5) sr7. ,tooo xax ~3as~ sy~- 4o~e October 24, 1991 Honorable Xavier Suarez and City Commissioners City of Miami 3500 Pan American Drive Miami, FL 33133 - _ 2 ~ 1991• Resolution to Amend Re: -Stem 1l : an oQtaber ~. , a Reatricttive Covenant for the Prs~perty LoCatad at Approximately 2226 S.W. 25th Avenue at Z511~Z575 S.W. 2Zttd Terrace Dear Mayor and Commissioners: Bpthis letter we are hereb~r formally requesting that the above-referenced application' be withdrawn, we will attend this evening's meeting to confirm our position. The Silver Bluff Homeowner's Association has consented to our withdrawal. We apologize for any inconvenience this withdrawal may cause the City or the neighbors.. Yours truly, Santiago D. Echeme dia Agreed and accepted • .LX.tctc., Arsenio Milian for Silver Bluff Homeowner's Association SDE/aw cc: Cesar Odio, City Manager Sergio Rodriquez, Assistant City Manager 09578.0001 2LT1024SDS.91~ c7 1 "` d rI V Barnett Bank Plaza • Suite 1100 First Florida Bank Tower lAet East Browsed 9ouleoard 215 South Llonroe 5t-eet . State 80l Ft. Laudsrdofe, Fbrtda 33301-1880 Tallabaisee, Flor;da 33301.1859 F~ (3105) 54y8717 Falcr~9041 B8I -8851 Fine Iacobson Schwartz Nash Block do England loo swu-teatt s+,d sercee Nkr~~90 Fat (3QS) 517• IOBB August 27; 1991 Ma. Gloria Fox, Chief Public )iearinq Boards Section City of Miami Planning and Zoning Division 275 l1.W. Second Street Miami, Florida 33131 Re: Letter of Znteat -- Southeast corner of S.W. 27th Avenue aad Coral Way (S.W. 22nd Street) ` Dear Ms. Foxs in accordance with your departmental rules and regulations, this is our letter of intent regarding the above. The applicant is seeking an amendment and modification of a "Zoning Covenant Running With The Land" which is recorded in _ Official Record Sook 12461 at Page 510, a true and correct copy of which is enclosed as Exhibit A (the "Original Covenant"). As part of our formal submiaaion to the City, Z am also encloainq an Amended Zoning Covenant which relates to the following aspects of our submittal: 1) The applicant is requesting site plan approval of a "Market Place At Coral Way", to authorize the construction of 53,000 square foot ± Winn-Dixie Sugermarket. The site plan-w~. prepared by A. J. Verde, Architects, P.A. and depicts -.~e following: a) A 53,000 aq. ft. ± supermarket which is oriented toward the eastern portion of the 3.158 acre site. b) Off-street parking, which exceeds t~~ provisions of the City Zoning. Code. c) Landscaping of 15.068, which exceed..=. the provisions of the City Zoning Code. d) Lot coverage of 388, Which is below the maximum allowed by the City Zoning Code. Dw+wtt d~w~k Atr~ . SMes 1100 /wok ~t . Swift 3b Oet Est Naotr~ lowlaotr~ 31S SewtA Ca0~eto~ St-wt Ft. Lewrw+/eb. Fbrelt SSSOI.16a0 'tYWMMtt, FlateL 3l301.2d3i1 (3061 IA!•ls00 f~) 1161.0300 Fas (306) S!7-A7~7 Fa (00i) 361•A661 9~- '7''10 ~' Ms. Gloria Fox, Supervisor August 27, 1991 Page Two e) No variances from the terms of the City - 2oninq Code. The Original Covenant relates to a 1984 zoning application. The then applicant, Coral Way Properties, Inc., requested permission to construct a two-phased officeicommercial development of approximately 300,000 sq. ft. ±, This request necessitated a zoning classification change for a portion of the property from RS-2 /2 Residential to CR-2/7 Commercial- Residential. As part of the representations made to the City Commission, as memorialized in the Original Covenant, the owner agreed to make certain traffic improvements (paragraph 10 of theme' Original Covenant). In addition, the owner agreed to close S.W. 25th Avenue, subject to approval by the City's Public works Department and the City Commission. The present request does not seek to deviate from any ` of the roadway commitments made in the Original Covenant. Indeed, the new application will result in a substantial reduction in traffic, a material reduction in square footage and floor area ratio and because of its 40 ft. height limitation, a development more compatible with the surrounding residential uses. Market studies indicate that a supermarket will grovide a much needed public benefit to the immediate residential community and will address an existing shortfall of food retailers needed to serve the area. Accordingly, in accordance with paragraph 14 of the Original Covenant, we submit this request to amQnd and modify the Original Covenant. Your favorable recommendation is respectfully requested. Very truly yo s, q7 . Stahl B. Price WPRLs4LT0823S8P.91 082691/1/ld sa- 7ro a 1!R °' THIS AMENbED ZONING COVENANT (the "Amended Covenant"), executed this day of , 1991, by the Federal Deposit Insurance Corporation, as Receiver for Sunrise Savings and Loan Association (the "Owner"), is made in favor of the City of Miami, a municipality of the State of Florida (the "City"), for the purposes and upon terms and conditions prescribed below. ~. fd~TfIESSETIi: WHEREAS, Owner is the fee simple owner and record title holder of the real property described in Exhibit "A" (the "Property"), attached to and made a part of this Amended Covenant; and WHEREAS, the Property is subject to a zoning covenant running with the land, executed by Coral way Properties, Inc. in favor of the City, dated March 26, 1985, recorded in Official Records Book 12461 at pages 510-521 (the "Original Covenant"); and WHEREAS, in accordance with paragraph 14 of the Original Covenant, Owner has filed with the City an application for a public hearing before the City Coaimiaaion to approve an amendment to the Original Covenant; and Pr~par~d by: Santiago D. Echaeaadia, Esquisa liar Jacobson Schwarts flash nlock i aaglaad 100 South~aat S~coad $tr~~t Miaai, llorida 33131 y ~_ ~. ,; r 4. + ~ ` 1_ WHEREAS, Owner desires to assure the City and Certain neighboring property owners that the development of the Property sill be accordance with the provisions of this ?mended Covenant. - NOw, THEREFORE, Owner, fn consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, covenants and ayrees as follows: 1. Incorporation of Recitals. The above recitals are true representations of Owner's intentions and are incorporated into this Amended Covenant by this reference. ' 2. Covenar~! ~tunning with the Land. This Amended Covenant on the part of Owner shall constitute a covenant running with the Property, shall be recorded in the Public Records of Dade County, Florida, and shall remein in full force and effect and be binding 4 j upon Owner, its successors and assigns, unless and until such time as the same may be amended, modified and/or released in accordance with paragraph 14 of the Original Covenant. 3. Paragraph 3 of the Original Covenant is amended to read in its entirety as follows: Site Plan. The Property will be development substantially in accordance with the site plan entitled Marketplace at Coral Way, pregared by A.J. Verde - Architects, P.A., (the "Architect') dated July 24, 1991, consisting of ~' ~, j pages (the 'Site Plan"). 1 t 4. Paragraph 4 of the Original Declaration is amended to read in its entirety as follows: t ~ -2- ~. y~.-~ X70 __ --- -- -- _- Landscapingt and Adioininc~ kivhts of Way. Landscaping will be installed and maintained (including replacement where necessary) substantially in accordance with the landscaping shown on the plans entitled • ", prepared by the Architect, dated on file at the Planning Departimettt. The landscaping shall be completed prior to issuance of a final certificate of occupancy. in addition to the above landscaping, the South side of S.W. 22nd Terrace between S.w. 25th Avenue and S.W. 27th Avenue shall be landscaped prior to the issuance of a final certificate of occupancy, by installation, subject to approvals by the City, of ona (1) tree in the right-of-way area in front of each residential lot along the South side of S.W. 22nd Terrace. Each tree will be ten (10) to fourteen (14) feet in height with a ten (10) to twelve (12) foot spread. Species and location of landscaping shall be subject to approval of the Department of Public Works and Planning. 5. Paragraph 6 of the Original Declaration is deleted in its entirety. 6. Paragraph 7 of the Original Declaration is amended to read in its entirety as follows: Restricted Ingress and Egreaa. Vehicular ingress and egress for the Property will be restricted to the locations _ reflected in~the Site Plan. All ingress and egress shall be subject to the approval of the City of Miami Department of Public Works prior to the issuance of a building permit. ''~. 7. Paragraph 8 of the Original Declaration is amended to read in its entirety as follows Solid Waste_ Pickup. Solid Waste pickup for the Property shall be restricted, subject to City approval, to a location adjacent to S.W. 25th Avenue, substantially in accordance with the Site Plan. No Solid Waste, including that from maintenance of landscaping, shall be placed within the public right of way. - 8. Paragraph 9 of the Original Declaration is amended as follows: Restrictions on Construction Activities. Except as might be required as a result of governmental directive and/or acts of God, major construction activities involving high noise levels for the Property will be in accord with City of Miami Code Section 36-13. Owner •will insert in its contract with the General Contractor for the construction of the Property that all construction machinery, equipment vehicles and materials will be stored on the Property in order to minimize the impact of construction activities. on adjacec~t residential properties. Owner will also insert in its contract with the General Contractor that construction related dust will be controlled through proper wetting of the Property and adjoining right-of-way areas. 9. Paragraph 10 of the Original Declaration is amended to read in its entirety as follows: -4- 1 _. '7'7 Q _- Traffic Improvements. eased upon the traffic impart study entitled "Marketplace et Coral Wey", prepared by David Plummer 6 Associates, Inc.,•dated (the "Traffic Study"), Owner will complete, subject to approval by the Public works Department of the City, the Dade County Public Works Department and the State of Florida Department of Transportation prior to i.ssuence of a final certificate of occupancy, to wit: (a) Third westbound through lane on ' Coral Way beginning west of S.W. 27 Avenue and contlnuiriy to S.W. 25 Aver-ue, should be constructed if necessary. (b) Widen to 12 feet the northbound right turn lane on S.W. 27 Avenue between Coral Way and S.W. 22 Terrace (this larte may be converted to a northbound through and right turn lane in the future). However, if the sidewalk area is diminished, sufficient additional pedestrian circulation space will be provided on-site elonq S.W. 27 Avenue. (c) Widen the westbound approach on S.W. 22 Terrace at the intersection with S.W. 27 Avenue in order to create a westbound right turn lane and a through/left lane. (d) Make improvements to S.W. 22 Terrace on tl-e went aide of S.W. 27 Avenue so that the intersection may function effectively. (e) New traffic aignal at the inter- section of S.W. 27 Avenue and S.W. 22 Terrace. Owner, subject to approval by the Public Works Department of the City, Dade County Public Works Department and Florida Department of Transportation, will conduct the necessary traffic signal warrant studies and, if warranted, will install a traffic aignal at the intersection of Coral way and S.W. 24th Avenue or S.w. -5- . J1` lrl~ ~`' 25th Avenue. This signal warrant study and installation obligation will continue for a period of three (3) years after the issuance of a temporary or permanent certificate of occupancy ' for Property. For purposes of this part, all signal warrant studies shall be performed in accordance with the guidelines set Earth in the Florida Department of Transportation Manual on Uniform Traffic Studies. . 10. Term of Amended Covenant. The provisions of this Amended Covenant shall become effective upon their recordation in the Public Records of Dade County, Florida, and shall continue in effect unless released, in part or in whole, in writing by the Director of Public Works and the Director of the Planning Department of the City after approval of such release by the City Commission after gublic hearing. 11. Amendments to Amended Covenant. The provisions of this Amended Covenant may be amended, modified, or released from time to time by recorded instrument executed by the then owners of the Property provided that the amendment, modification or release is also approved by the City Connniasion after public hearing and further provided that no such amendments shall affect the restricted ingress or egress on S.W. 22nd Terrace as set forth in Paragraph 7 of the Original Covenant or the closing of S.W. 25th Avenue as set forth in Paragraph 11 of the Original Covenant. Notice of the public hearings on any amendments to this Amended Covenant shall be sent to all owners of property located within 375 feet of the Property. Should this Amended Covenant be so amended, modified or released, the: Director of the City's Planning bepartment, or his successor, shall forthwith execute a written instrument in recordable form effectuating and acknowledging such amendment, modification or r©lease. 12. Paragraph 15 of the Original Covenant is deleted in its entirety. 13. Enforcement. Enforcement of this Amended Covenant shall be by action at law or in equity against any parties or persona violating or attempting to violate any covenants, either to restrain violation or to recover damages. Owners of property located within 375 feet of the Property shall be entitled to enforce this Amended Covenant as third party beneficiaries. The prevailing party in the action or suit shall be entitled to recover, in addition to~costs and disbursements allowed by lase, such sum as the court may adjudge to be reasonable for the services of his attorney. 14. Severability. Invalidation of any one of these covenants by judgment or court in no way shall affect any of the other provisions, which shall remain in full force and effect. 15. Blndina Effect. Except es expressly modified in this - Amended Covenant, the Original Covenant is not otherwise modified or abrogated and shall remain in full force and effect. 16. Effective Date. This Amended Covenant shall take effect upon Its recordation following the City Commission's approval of Owner's application to amend the Original Covenant. -7- ~, ~ 1. -~ '7''10 Signed, sealed and acknowledged this day of , 1991. Witnessed in the presence ofs FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for - Sunrise Savings and Loan Association - - By: Notary Public State of Florida at Large STATE OF FLORIDA ) SSs COUNTY OF ) The foregoing was acknowledged before me this day of ; 1991 by , as of Federal Deposit Insurance Corporation, as Receiver for Sunrise Savings and Loan Association, for the purposes above expressed. My commission expires: 135RL1019F 082691/3/ja~ -8 91- 770 ~~ ---.-- EXHIBIT "A" Lots 1-39 in Black 1, Silver Bluff Estates, Section "A", according to the Plat thereof, as recorded in Plat Book 10, at Page 59, Public Records of Dade County, Florida, LESS the West 15 feet of Lots, 1, 36, 37, 38 and 39 in Block 1, Silver Bluff Estates, Section "A", according to the Plat thereof, as recorded in Plat Book 10, at Page 59, aforesaid records, now known as White Plaza Subdivision, Plat Book 125, at Page 46, aforesaid records. 1DC0826SDE.91 --- Y . 1 ~4~ 11c 5 I ~ ~"" c , va. ~.~r,,,Rr,~,~r~r,, ~n TRiS IOt~SNC COV'LNAt~ executed this etb day o! May, 1984, by CORAL iOAY PRCPERT2ES, iNC., a !'lorida corporation (hereinafter the .Owner.) is made in favor o! the City of Kiami, a munici- pality o! the State o! riorida thereinafter the .City.) for fhb purposes and upon the terms and vonditions pre~tcribed herein. w j, T it E 8 ,~ _E ,~ Q e WNEREAB, the owner is the fee simple owner and record title holder o! the real property described in Exhibit "A• hereto (hereinafter the "property"fit and WHER~J18,~ the C+wner has applied to the City !or apgrovai o! a change o! Zoning Classification for a.portion o! the Property lro~a R8-Z/2 Residential to CR-3/7 Connaeroiai-Residential. which 1 portion o! the Property is legally described on Exhibit •s• here- to thereinafter the •Resoned Fareel")~ and wHERE1I.S, the Owner intends to undertake oonstrviceion o! a mixed offioe/coaoaerciai building on the Resoned Farces and enothec portion o! the Property presently soned CR-Z/7 and loca- l red at the intersection o! 8.If. 2Sth Avenue and Coral Way, which land is legally described on Exhibit "C• hereto thereinafter "phase Y")t and . WREREAS, the Owner further intends to develop the rea~ainder o! the Property oontiguous to Phase I ihereinaftes 'Phase ZS•), on land legally described on Exhibit •D" hereto, with another office/commercial building which wi11~ have architectural style and material selection similar Eo the building on phase it and RETURN Tos G. Miriam Meer 169iEt Elegies 8treet~Y81101 y ~- "~ ~ ~ Q Miaiai, !'lorida 33131 /a- ~E~4~I~c SII W~A~AS, the Grrner desires to ataure the City and Certain neighborirq groperty owners that the development o! Phase Y and phase It will be in acaoedanct with the provisions o! this Zoning Covenant. NOW, TNEl~1"ORL, the Owner, in consideration o! the pren+isea and other good and valuable consideration, the reoeipt and su!!i- cieney o! which is hereby acknowledged, covenants and agrees as lollovst 1. ~ t~nc,~o,-oo,,,ca;~,io_n, o,~!_A~e,,, it~alri. The loregoinq reaitais are true repreaantstions o! the Owner's intention end are ineorpocatad herein. Z. Covenant Aunaing„with 'thy Land. This Zoning Covenant on the pact o! the Owner. shall constitute a covenant running wtth the Property, shall be seeorded in the Public Records o! Dade County, llorida, and shall remain in tali !ores and etlect and be binding upon, the Owner, its suocessors and assigns, unless and until ouch tine as the tame may be amended, modified and/or t released in accordanei with Aaragraphs 12 and 13 hereof. 3. Pha_se~,Z 8ite,~an. Phase Y vill be itaptoved and a~ain- tained as an o!lict/co~seraial building in substantial contocatity with the site plan entitled "!Chits 0!lioe piasa - Bite plan phase X• consisting o! a site plan, basement level and typical !loos Tavel plan=, prepared by Mouris Pala:ar i ~-saoa., Zne., dated March Z3,198d, and on Tile at the Alarming Depas'tment o! the City. ~ ~ .~. '~ ~ Q ~. Landaoaaina o! ehases and Z2 and 11d~9oinin9 i hta o! w,,,~,y. Landscaping will be installed and teiaintained tircluding replacement where neressary~ !or Abases X and ZX in substantial conlot;mity with the 1andseapinq shown on the ..plans entitled 'Ground Level/Landsceping plane' and •Typieai floor Level! [ 3 _- ___- tE -~fU l~ f+ J I G Lindacaping Pian" prfpsldd by MOUri~r dalasar ~ J-ilociatls, tnc.~ dated March ZZ- 19d1, and on life at the lianninq bepartment. The landscaping !or Phase Y eha11 b• eo~apleted prior to laauance of a aertiticate at oceapanoy for Phase tt and the landscaping !or phase ti shall be Completed prior to lisuanae o! a certiti- cate o! occupancy for Phase ZZ. 2n addition to the above land reaping Eor Phaaea t and II, the South side o! S.K. 22nd Terrace between 6.W. 2S ~-venue and S.N. 27 l-venue shall be landscaped prior to tha issuance of a certilicata o! occupancy !oc phase ZI, by installation, aubjeat to approvals by the City, o! one (11 tree in the right-or•ray aces in !root o! each raaidential lot along the South side of 9.M. 22nd Terrace. Each tree will be tsn '~ t10~ to fourteen tld) !set in height with a ten {10) to twelve (121 toot spread. speoies and Location of landscaping shall be subject to approval o! the Departments o! lublie Norka and planning. S. Aeatrict_iQne~~Zonin~~d_~ae~f-d cent Reatdsne_ial Low. in the event 'the Ownar, its sveeessors or aarigna aoquires title to any of the residential, lots located along the south aide o! 8.N. 22nd Terrace betreen 5.11. 2Sth avenue and s.N. 27th 1lvenue, said lots shall be restricted to their present residen- tiai :oninq~and use and shall not be Boned, or used as transition- al parking or any other soning and/or use to serve the proposed developsent o! the property. 6. Gs-~„a` !,_,rao_ ales. x'he Lacadee o! the proposed parking garages for phases t and ZI Miii be designed an0 the building materials attixed thereto sill be tisilar to the o!liceJ Commer- cial buildings tbey sfrre so as to sinimis• their impact on adjacent residential properties. 7. ReeeriCted znaress and laraaa,. Vehicular ingress and egress Ear phas• i rill be restricted to looations on Coral Nay ` "' r /~ __ -- _ _ _. ~~ I ZQ~ ~ -~ 5 ~, and S.W, 2Sth ~-vanu• ih ~tubstantial canfor~aity with the Phata ~ site plan referenced in Paragraph 3 0! this foninq Covenant. Vehicular ingrars and egress to Phase SI will likewise be restricted to Coral Clay and S.w. 27th ~-venue and to one location on S.W. 22nd Terrace which shall be located to the want of the west boundary o! the rezoned parcel. ~-11 ingress and agresa shall be aubjedt to the approval o! the•City o! Miami Departn-ent o! Public Works prior~to the issuance o! a building pernit. 8. Solid Naste_ Pickup. Solid waste pickup !or Phase i ..._ shall b! restricted, subjeak to City approval, to a location •~ adjacent to 5.~0. 2Sth Avenue in substantial conformity with the Phase I site plan referenced in Paragraph 3 of this Zoning Covensnt. No Solid waste, including chat ero~ •aintenanca at landscapingr shall be graced within the public right o! way. 1 9. Restrictions on Construction Activities. Sxeept as might be required as a~~resuit of goversu~entai directive andlor acts o! Gods tuajor construction activities involving high noise levels !or phase 2 rill be in accord with City o! Miami Code Seo- tion 3b-13. she Owner viii insert in its contract with the General Contractor for the construction o! Phase S that all construction machinery, equip~nent~vehiales and suteriais will be stored on the Property in order to mini~ise the .impact o! construction activities on adjaa•nt residential properties. The Owner will also insert in its contract with the General Contractor for Phase Z that construction relatbd dust will be controlled through gropes wetting o! the Property and adjoining right-ol-ray areas. ~ ~_ ~.. +~ -~ ~ 30. Trglfic 2mvrovements. eased upon the tsa!!ic impaot study entitled 'white Office Pia:a•, prepare4 by David Piunwer i ~-ssoeiates, 2na., dated January 198t, revised Masch 1le4 therein- C~ alter the "Traffic $tudV•1. the arn~r ~ft1 ~.-....~.w. •••~~•_~ ~- __--- ---- - wry ~ ~. u i +G J 14 ~'' l approv by the 'public Wolke DeQar~lDent o! the City, the bade County' Publia Works Department and the State of l~lorida Depart- msnt of Transportation the live I5) traffic improvements listed on pages ll and 12 of the Traffic Study prior to iasuar~ce o! a - temporary or permanent certificate o! occupancy fox Phase Yi, to wits (a} Third eastbound through lane on Coral Way beginning weal of S.N. Z7 Avenue end continuing to S.W. 75 Avenue, should be constructed it necessary. (b)+ Oliden to i2 Peet the northbound right turn lane on S.W. Z7 Avenue between Coral Nay and B.W. 22 Terrace (this lane may be converted to a northbound through and right turn lane in the luture}. however, if th• sidewalk area is diminished, sufficient adds- ' tional pedestrian circulation apace will be provided - ~ on-site along S.N. Z7 Avenue. tc) pliden the westbound approach on 8.W. 22 ~ Terrace at the i'nterseotion with B.K. 27 Avenue in order to create a westbound right tarn lane and a 1 through/left lane. {d) Make improvements to B.N. 22 Terraas on the ~.. west side of, S.N. 27 Avenue so that the intersection may lunation effective7.y. (e} Nsw traffic signal at the intersection of S.N. 29 Avenue and S.if. 22 Terrace. The Owner, subject to approval by the public ttorks Department of the City, Dade County Public Wosks Department and piorida Depart• went of Transportation, will conduct th• necessary traffic signal warrant studies and, if warranted, will install a trslfic signal at the intersection o! Corsi Nay and S.N. 2~ Avenue or 9.N. 2S Avenue. This signal warrant study and installation obligation will continue for a period of three (3} years after the issuance .~~ o! a temporary or permanent certificate o! oocupacscy for phas•~~~j ~~ 1 Z4l~ i -~ 51.E ~~ it. por purposes o! this part, all signal warrant studies shall be gerlorned in aeeordanc• with the quide3.ines sat lorth in the = Florida tepartment o! Transportation Manual on Dnilorm 'rcatfic Studies. 11. ~,~,Q~ina_,of S.N. Z~ Avenue.. The Owner a9reee that !t will not apply toe a Certilieate o! occupancy on th• propecty u;~til a comprehensive neighborhood t~ratlic study has been completed. The study is to be prepared by a private traffic consultant at the expense o! the Owner. The traffic consultant shall submit a plan for the design and implementation of the traffic study to the Owner and to the City's Directors o! Public Norks and Planning. Nithin 90 days of the subaittai o! the plan, the Director shall ~aak• final reoossendations !or th• study. Th• consultant shall incorporate these recosnsendations~into the study. 12. Ciorinv of S.N. ZS J1ve,~,. Subject to the approval by the City's Public Norks Department and the City Coawission the Owner will complete thi street improvements as shown on the plan ` entitled "proposed Street Closing: 5.11. 2Sth Avenue," grepared by DaviO Plummer i ~-ssociates, Snc., dated March iZ, 198l. This street closing will create a "T",,turnaround on B.N. 2S Avenue just south o! the south pavement edge of S.X. ZZ Terrace. Tha closing of S.N. ZS Avenue at 3Z Terrace i! warranted ~-i11 occur only after the completion and evaluation o! a neighborhood traltic study. 13. Te" t,,,~o!__Zoninc Covenant. The provisions or this Lon- _ ing Covenant shall beoo~ae e!lsctive upon their recordation in the Public Records of Dade County, llorida, and shall continue in street unless released, in part or in whole, in writing by the Director o! the Department o! pu5lio Norka and the Director o! the Planning Department o! the City alter approval o! such , r y e ~ ~ w.~ • w.. 1 ,. ~. . l ... l ~ release by the C iev Com~ni ~e l ~~ .,~~ ~ ~ ~ µ ~ r~ Q _- =--A~_ - 14. ~~ ~-~nendmer~ts_ to- Zonino__Covenan~~- The provisions o! this Zoning Covenant may be amended, modified, or released tram ti~ae to tree by recorded inetraeaent executed by the then owners a! the affected pared -- Phass Y andJor phase IS •- provided that the - same is also approved by the City Commission alter public hearing and Further provided that no each amendments shall alfeet the restricted ingress and egress on ffi.M. ZZnd Terrace as set forth in Paragraph 7 hereof or the eloeinq, o! 3.lt. ZSth Avenue as sst forth in Paragraph 11 ~hereol. Notice o! the publio hearings on any amendments to this Zoning Covenant shall be sent to all owner: o~ property located within 37s feet o! the Property. 5hauid this Zoning Covenant be so aasended, modified or released, the Director of the City's Planning DepartAent, or his successor, shall forthwith execute a written instruieent in recordable form effeetuatinq and acknowledginq,auch aaendment, modification or release. 15. Limitations on Contiavous Deyeioaeen Attached here- ~ to and made a part hereof as exhibit •0• is the legal description o! that portion o! "the Property' which has been described in ~ this ~-greement as phase YY. tt is not the intention of the Owner to increase the overall density o! "the Property" as a result o! the requested change o! coning, but merely to transfer a a~aali amount o! the permitted building volume !roar the phase ZY area to phase Y. Therefore, the Owner agrees that to the extent that the requested rezoning o! the property described on txhibit •8• result= in an increase in the volume of phase = tas refleoted in the phase Y Site Plan! exaeedinq wbat is cnssentiy permitted thereon by the City zoning regulations and ordinaneea, the nweber o! square lest currently permitted in Phase ti viii be simllarly deoreased. 16. Entoreereent. Zalerveaent o! this Zoning Covenant shall be by action at lea or in egaity against any parties or parsons violating or attempting to violate any covs~~nts, ~~~er , 1Q~ ! t3 ~' ~ < ~. ~~ 12461 ~c 51 T to reatsain vloYation or to recover dasager. Owners of property located within 3?5 feet o~ the property shall 'be. entitled to enforoe this Zoning Cvvanant as thisd party benefioiaries. The pravailinq party bringing the notion or suit eha11 be entitled to recovorr in addition t~ costa and disbursements allowed by law, such sum as the Court may ad~udQe to be seasonable for the ser- vices of his attorney. l7. Se_,,,verab~. invalidation of any one of theca cove- nants by judgment or Court in no wile shall affect anX o! the other pcovisions, which ahali rea+ain in full force and effect. - 8igned, sealed and acknowledged this y~~ day of , 198x. the sed in the presence oft ~ti~, { ~ ~ ~ i ~ -- STAZ'a Ot lLO1tYDA ~ sa: COCtiTY O!' Di1DE Approved as to form and Correctness: "'"' " ;; , ' CO]!AL MJ-Y PROPEI'PSES, 1NC. ~ ll uarq, D. N te, res ant 1 The foregoing inatrustent was aaknowiedQed before ale this ~~ day ot~~ 1985, by au~oLD D. aBITS, as President o! coRe~..NAY PROPSRTZERr 2MC., foC the purpose: ~•therein expreased.•:'1•~ '~ t~.,~ .1Y tOMt/Itlil~Il t1.1::ZS ~>•f :t 1.•,~ GI~IO ilud C~1.ltltl, p.k,R,~lt~ ~ • M 8T11'i'a 0! lLORtDA• ~• ••• .`~ ~ My Commission aspires: ,, ~y,~~ •~ •,, ... _~_ IY 19 ~~ ~ ~4~1 ~~ a~ ~_ axx~sx~ w~~ 1-Sl o~ Took l., SZLV'ER 9Lti~"F SST~1'1'~d dlCTtON 1~, flat Rook 10, at ~ags.39, of the pubSie Records o! Dads County, Florida. i ,~ ~! l ' L"ltNtllfT "9" Lot• 26 thru 32, Block 1, ffitLVLYt aLdt'! E9T~ITLS SSCTtON A', Plat Hook lo, at Page 59, of the Public Recosde of Dade County, !'lorida. EXHYbIT "C" Lot• le through Z9, klock 1, SILV'~t kLtJq!' k8T11'~8 ~tZCTSON 11, Ptit kook 30, it Pigs S9, o! the public N•ooras of Dads County, rlorida. ~~ JR L~A~'.Di t~ROUP TES N~ . ! • { :•.i ,~ ~.~ w ~~ t ~~ ~~ i i 81eck l~ =arr yots it khtuQh 29 ~,hassol, SYLYBI kS.VPt ~'PxR'Er ~i'ZCM1t ~-• Piati kook 10 ~ at g+-4s P~ # o! the Public lteoaYds of • pads Cour-ty~ Y14rida. +~,. _ r_ -; t ~ . _ ~ CITY OF MIAMI, FI.ORfDA INTER-OFFICE MEMORANDUM ~~ ~~~- v ~~ ~~ ~x_ t 7O` THE HONORABLE XAVIER L. 5UAREZ Mayor FROM : ' ATTY HIRAI City Clerk DATE: October 25, 1991 FILE: sua.iecT : Memorandu_m_of_Voti n~ ~onfliCt_ __ _____ REFERENCES: ENCLOSURES: At the Commission meeting of October 24, 1991, you abstained from voting on item PZ-il, PZ-8, PZ-9, and PZ-10, namely: "Withdrawal of a proposed resolution amending restrictive covenant at approximately 2226 S.W. 25 Avenue and 2511-2575 S.W. 22 Terrace, owned by Federal Deposit INsurance Corporation, as Receiver for Sunrise Savings and Looan Association." "Reversing the Zoning Board's decision to deny the variance to reduce the required side setbacks at 981 N.W. 2 Street." "Authorizing construction of a health clinic (Little Havana Health Care Center) in Henderson Park (981 N.W. 2 Street). Kindly fill out parts (a) and (b) in the back of said forms {one for each item) under "Disclosure of Loca' Officer's I;r;terest." Once both portions are duly filled, kindly sign, date and return to our office at your earliest possible :.onvenience. Your continued cooperation is greatly appreciated. MH:sI ENC: a/s _,, ~ `~ :~ ~ '~ ~~~ ~~ ~ ~~ ~ ~, ^r.:iyr -- 't ~ .~ t"" - ~C~RM ~B MEM ANDUM ©F YOTING~ ~C~-NI~LIC1' FC'~R ~OUN~'Y, MUNICIPAL AND t~YNER LOCAL PUBLIC QFFIC~RS -tt NAMMAME+~-{1RSt MAM!-MlpUlk NAME NAME OF t1OAtQ COUMC'il. Cn1+lMtiS10N, AUTMO/t1TY, Oi~ COMMITTI 3500 Pan American Drive iami 1 ~ tt4ERIVE AKO1wTIVE Mn~lo Mu>it Fu~E FORM ~ This form is for uu by arty person servinS at the county. dry, or other local level of SoMernment oa an appointed or dewed board. council, commission, authority, or commitree. It applies egwlty to oxmben of advisory and non•sdvisory bodice who are pttisented with a votinj confUn of interest under Sectiult 112.3143, Florida Sutures. The requiltments of this Iaw~ are mandatory; althoujh the uu of this panicutar form is not required by 1aa~, you art encouraged to use it in makinj the disclosure required by law. Your responsibilities under the taM when had with a easurc in v-•hich you have a conflict of interest will vary srratly depending on M helher you hold an elective or appointive position-this tuson, please pay close attention to the instructions on this form before I:omptetint the rc•~erse side and filint the form. MiSTRUC'T10NS FOR COM~UANCE WItN tECT10N HZ.~14~~ FLORIDA =TAMES ELECTED OFE ICERS: A per>on holdinY eleni~c county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special prisyte Sain. Each local officer also is prohibited from know•in~ly voting on a measure which inures to the special =win of a principal (other than a dosrrnment a~enty) by whom he is retained. !n tither case. you should disclose the conflict: PRIOR TO THE VOTE 8E1NG TA1-EN by publicly statin3 to thr assembly the nature of your interest in the measure on which you acv abstainin= from voting and N'tTHIN li DAPS AFTER THE VOTE OCCURS by complain= and filinS this fottrl with the person eesponsib{c for recordinS the minutes of the meetirtj, who should incorporate the form in the minutes. A!'~OI TED OFF1CEJtS: A person holdinj appointive county, municipal, or other local public office A9UST ABSTAIN from votittR on a measure which inures to his special private pin. Each Local officer also is prohibited from knouvinjly votins on a measure which inures to the special pin of s prinripal (other than a Saernment ajenty) by whom he is tRtained. A person hotdin~ an appointiv! local office otherwise tttay participate in a matter is which he has a conflict of interest. but must disclose the nature of the eonAin before tatakinj any attempt to influence the decision by onl or written communication, whether made by the officer or at his dircctior~. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC1SlON PRIOR TO THE MEETING AT V-'HICH THE VOTE WELL sE TAKEN: • You should comptetc and file this form (before matinE any attempt to influence the derision) with the person responsible for iecordin~ the minutes of the tmeetin=, who wiU incorporate the form in the atinutes. • A copy of the form should Oe pro-•ided immediately to the ocher members of the ajency. • The form should be rnd publicly at the meetinS prior to consideration of the matter in which you have a conflict of interest. -- ,,,.~ ._., __--------- - . z a --- - . .~ i~-- tri4k arc>r-tR (~,INCIL CVMMISitV~a. w ~ nvw~ ~ i, c~- tvwrMITTEE oN wMICM 1 fErtVk K A tIN17 Of: X Clltr : = rnuwtr s ernttll tcl:•AI ~NCr NAM! Or' PQLITN Dade Mayor .. fP Yl~U MARE NO A"'rTTEMN"1"r+0 INI~'L.UENCE THE bECiSION EXCEPT OY D15C115SION AT THE MEETING: • You fihould dist:bse orally the aature of your eot+tiict in the taeasure before panicipatinR. You should tornplete the torte and tale h within 13 days rater the vote occur: whh the person ratponsibk for recordinS the minutes of the mectins, who should incorporate tht form in flu tmittutes. Ot=CLO=V!E OF LO~CAI Oflt)CEt': MfTRIfIT ~~ ~. Ravi e~ _ L _ S L a ±- a z ~ hereby disclose tMt on ~o ~.~.h: r z d , 19 91.,._ . tat A ttAeasurc came or will come before my yency which (check one) btured to my `private Rain: or~` ~ 1, ~~ //~ , ~ inured tot of ~"' G . by whom 1 am retained. fib) The measure before 1ny agency and the nature of my interest in the measure is as follows: ~ ., ~l iORM ~~ gyp, ~, %~ ,. ~..._....:3 ~.. ' Date Filed 'nature c NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES X112.517 (19SSy. A FAILURE 'ro MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOR'ING: IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS.000. MGE - --~-g~ X111. ~r.__~_:_~~` ~~ u~ ,~-