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HomeMy WebLinkAboutM-91-073930 a AAA+MUA+O(4AW Minml Chinese Community Center, Ltd. Sept. 11. 1991 The City of Ninmi, Cit-.: Manager . 35ft Pan Ameri,�an Drive. Miami. F1. 31133. GHr,t1emen: Re: Request for Amendment to Resolution 91-92, entered January 24. 1991 ------------------------------------------------------ This letter shall serve as our request to amend Resolution 91-92. entered January 24, 1991, in the following respects: 1. Clarify the Declaration of Restrictive Covenants ("Declaration"), to provide that the mortgage holders consent to the Declaration of Restrictive Covenants not be required. This modification is necessary due to the fact that the Declaration contains a unity of title. The mortgage holders have objected to the unity of title set forth in the Declaration in that each one of the five mortgage holder's mortgages encumbers different pieces of the real property which applicant owns. .attorneys for the objecting mortgage holders have stated that it is not possible for a mortgage holder to agree that such mortgage holder will unify the title to the entire property owned by the applicant. They have stated that each mortgage h-ilder must have the abili,tT to foreclose its mortgage and obtain title to tire- portion of the real property on which they have a mortgage. By joining into the Declaration they are under the belief that no individual mortgage holder will be able to obtain title to the property which their mortgage encumbers. UMM Nt C". 331 N.E. lath S"d, WVW. Florida 33132, USA TM.: (3M) 372.52M (30M 3754M 14 ARA + OU 9 + O�WA Mimi Chinas Community Center, Ltd. Page 2 Sept. 11. 1991 The City of Miami. City Manager, Applicant believes that its covenants set forth in the Declaration, which provide that no final certificate of occupancy for the proposed improvements shall be issued until such time as automobile parking for no less than SO automobiles has been provided as per plans on file with the City of Miami dated November 1. 1990, together with the further assurances set forth in the Declaration provide adequate assurance that the proposed improvements will be constructed in accordance with the terms and conditions as agreed to by the City and applicant. 2. Provide that. in lieu of performance bond or letter of credit, that the applicant deliver to the City the deed for the real property described in Exhibit "A" attached hereto, to be held in the City's escrow account for a period of three years, unless released by the City Commission. Applicant believes that the escrow so established, together with the covenants of applicant contained in the Declaration provide adequate assurance to the City that the property will be developed in accord- ance with the terms and conditions agreed to by the City and applicant. Based upon the foregoing, applicant requests that the City Commission, at public hearing, amend Res+ution 91-92, as requested herein. ' Thank you for your kind consideration. Very truly y rs . Isaac Shih cc: Gloria Fox, Plann' g, Building & Zoning Department UWM ChNt M ftm"Mm CWP. 331 N.E. 10 Stet, WUN, FAft 33132, USA TM.: (305) 372.5209 MOM 3754M fnc: (305) 577-81 in TEl 3 91 17:04 00ee PHOEBE REALTY 212-601-3314 Sep. 424 BROADWAY CONDOMINIUM UNIT DEED ' THIS INDENTURE, made the ll.ch day of December,,1.986 by and between ISAAC and JOAN SHIH, 3806 Bailev Avenue, Bronx, New York (Grantor) and ISAAC and JOAN SHIH husband and wife (hawing an office/resi.dina at) 3806 Bailev Avenue, Bronx, New York, (hereinafter referred to as the "Cr.antee."). W I T N F S S E T H That the Grantor, in consideration of Ten ($10.00) Dollars and other valuable consideration vaid by the Grantee, does herebv Grant abd release unto the Grantee, and the hairs or successors and assians of the Grantee, forever: The Condominium Unit (hereinafter referred to as the "Unit") known as Unit No. 1 in the building (hereinafter referred to as the "Building") known as 424 Broadway Condominium and by the street number 424-426 Broadwav, County of New York and State of New York, Raid Unit heing disignated and described and described as Unit No. 1 in a certain declaration dated November 130 1Q86, made by Grantor pursuant Article 9-B of the Real Propertv Law of the State of New York (hereinafter referred to as the "Condominium Act"), estahlisbi.na a plan for condominium ownership of the Building and the land (hereinafter referred to as the "Land") upon which the Building is situated (which Land is more particularly deaerihed in Schedule A annexed hereto and by this reference made N VVE Fe-r*677;which declaration was recorded in the Office of the City Register of New Y� k County on December 1.0, 1986, in Reel„'. age declaration declaration and amendments thereto ere be re3nafter collaatively referred to as the "Declaration"). This Unit lot -also designated as Tax Lot 1001 in Block 209 of Section I of the Citv of New York on the Tax Map of the Real Propertv Assessment Department of tha County of New York and on the Floor Plana of rho Ruildina. certified by Walter Levi. and Associates, Architects, oo•November 2.6, 1986, and filed with the Real Propertv Assessment Departmenr. of New York on December 9, 1986. as Condominium Plan No. ' 373 and also filed in the Office of the City Register of. Now York County on December 10, 1986. as Condominium Plan No. 373; 0 TEL 212-601-3314 P. 1 ' Sop. 3 ' gi 17:06 0000 PHOEBE REALTY SCHEDULE "A• CONTINUED PARCEL ' ALL that certain lot, piece or parcel of land, situate, lying and being in the Borough of Kanhattan, City, County and S.a:c �f New York, bounded and described as follows: BEGINNING at a point on `the Easterly side of Broadway distant Northerly 62 fat 1 inch from the Northeasterly corner of Broadway and Canal Street; RUNNING'THENCE Easterly at right angles or nearly so to Broadway, 98 feet 4 inches;- THENCE Northerly and parallel with Broadway or nearly so, 25 feet; THENCE westerly and at right angles to Broadway or nearly so, 98 feet, 1.1/2 inches to the said Easterly side or line of Broadway; and THENCE Southerly and along same 24 feet 10 inches to the point or place of BEGINNING, be the said several dimensions more or less. ' TOGETHER with all right, title and interest, in and. to the Northerly portion' of the building standing on above described premises and on the premises adjoining on the North; said Northerly portion -of said building being erected on land leased by Elizabeth Clarkson Jay to Elias S. Higgins, by lease dated May 1, 1868 and recorded in the Office of the Register of the County of New York, on July 1, 1868 and recorded in the Office of the Register of the County of New York, on July 1, 1868 in Liber 1064 Cp. 459. BEING the same premises which were conveyed to Elias S. Higgins by Phflo T. Rugggles, referee, by deed date May 12, 1868 and recorded May 12, 1868 in Liber 1050 Cp. 505. i Sep, 3 '91 17:06 PARCEL 6 0000 ! :BE REALTY TEL 212- r —3314 SCREDULE "A' CONTINUED e,. �17(ln 1E52 ALL that certain lot, piece or parcel of land, situate, lying and being in the Borough of Manhattan. City, County And State of New York, now known as 426 Broadway, in said Borough. being 25 feet in width in front and rear and 100 feet In depth, be the same more or less and which lot, piece or parcel of land was in and by'• certain lease .thereof dated the 1st of May, 1868 made by Elizabeth Clarkson Jay to Elias S. Higgins, bounded and described as follows: ALL that certain lot or parcel of land until lately in the occupation of 7 Cornelius McLean of James M. McLean and bounded Westerly in front by Broadway, Southerly by a lot of land of' Elias S. Higgins until lately in the occupation of said Cornelius McLean or James McLean, Northerly by a line parallel to Howard Street and distant therefrom 50.feet and in the rear, Easterly by a line parallel with 8roadway and distant therefrom 100 feet, the said lot hereby demised being 25 feet in width and 100 feet in length, be the same more or less. TOGETHER with all the right, title -and interest in and to any scrips or gores of _land embraced within or 4djoining the above described premises or any part thereof. Premises known as 424-426 Broadway, Manhattan, .. 7 4� zk�if^'� d:Ft e UUUU r'r WOR .x Together with on unciivideA 7.57. interest in the Common Elements (as such term is defined in the Declaration); Together with the annurtenances and all. the estate and rights of the Grantor in and to the Unit; Together with, and sublecr to, the rlobteo oblioa- Lions, easements, restrictions and other nrovi.sions set forth in the Declaration and the By -Laws of a24 B roadwav Condominium, 40 the . same may be amended from time to time (hereinafter referred to as the "Bv-Laws"), all of which 0811 constitute covenants running with the band and shall hind Anv person havins at env time env interest or esta.r..e in tre 11ri t as though recited and stipulated At length hera.i.n ; TO HAVE AND TO HOLD the same unto the Grantee, and r.he heirs or successors and assigns of rho Grantee, forever. If env provision of the Declaration or the Av-Laws is invalid under, or would cause the Declaration or the By -Lave to he insufficient to submit the Property to the provisions of the Condominium Act, or if env provision that is naceasary to cause the Declaration and the By -Laws to he sufficient to submit the Property to the provisions of the Condominium Act is missing from the Declaration or the By -Laws, or if the Declaration and the By -Laws era insufficient to submit the Property to they provisions of. the Condominium Act, the applicable provisions of Article 18 of the Declaration shall control. The Grantor, in compliance with Section 13 of the Lien Law of the State of Nevi Yorko covenants that the Grantor will receive the consideration for this convevance and will hold the right to receive Ruch consideration as s trust fund for the purpose of Raving the cost of the improvementa at the Property and will apply the samo first to the navinent of the cost of such improvements before usi nn anv Dr. r. t of the same for env other vurpo8es. The Grantee accepts and ratifies the arovisions of the Declaration and the By -Lava (and env Rinse and Regulations adopted under the By -Lava) and agrees to comply with all the terms and provisions thereof, as the game may he amended from time to time by instrumentA recorded in the Office of the Register of the Citv of New York, New York County. The term "Grantee" ,shall he read as "Grantees" wh''anever the sense of this indenture so ranui res. 4 • sop,, 'yl 17:08 0000 EBE FEHLTY - s TEL 212- -3314 P. 4 1170n 1254 IN WITNESS WHEREOF, the Grantor and the Grantee have duly executd thim indenture ap of the ctav nd vear first above written.. � CR JQA '$NYH ' 1 ;;.5"�MI cxot$ E5'?@'U XLOI ► b ml Cats Iost 0571D Tag by • - by • ''`` C-' ''� _ - Ag �4( //-f� 4,de 4'.. A AJ t uk Sep, 3 ot KtHt- I I RECORDED oy COUNSEL AMTRACT INC. 171 GREAT �,'Cv pD, GREAT NECK, N.Y. 11021 -1- TME 1387 y 822 m ONAW 1WIP, oil oil LQ(;, .W1 I In VVW-d r'o 1. *1 0 ' 13S• t J200SEVELT AVENU9, FLUSHING, N.Y. 11.354 r ---•--- (SPACE ABOVE THIS LINE FOR RECORDING DATA) ------ Z --.8,_'���' A 9 E WORDS USED OFTEN IN THIS DOCi1MENT (A) "Mortgage" This document, which is dated' July 30, 1990 will be called the "Mortgage." (B) "Borrower" :ISAAC SliT,H and ,)OAN SHIII, his w:ii,•: residing at :3804 Bai:1 _ Av_e�ii.ie, _lll'Jl, Bronx, Ncw Yd'rk 104� wil-I be called 1,aorrower" and sometimes simply "Y" or "me".' (C) "Lender" Asia Bank, N.A. will be called ItLender. " Lender is a corporation which exists under the laws of the United States. Lender's address is 135-34 Roosevelt Avenue, Flushing N.Y. 11354 (D) "Note" The note: signed by Borrower and dated July 30, 1990 1 will be called the "Note." The Note shows that-i owe Lender ONE M1•LLION ONLY -- ------ ------------ -"'---'"--"�--- and 00/100 U.S. DOLLARS ($ 1,000,000.00 ) plus ini:erast. I have promised to pay this debt in monthly .payments of z 11 , 61 . ')0 at the yearly rate of 12.5% _ and to pay the debt in full by August 1, I995. (E) "Property" The property that is described below in the paragraph titled "Description of the- Property" will be called the "Property," (F) "Sums secured" The amount described below in the paragraph titled "Borrower's Transfer to Lender of Rights in the Property" sometimes will be called the "Sums secured." I. BORROWERS TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender subject to the terms of this Mortgage. This means that, by signing this Mortgage, I am giving Lender those rights that are stated in this Mortgage and also those rights that the law gives to Lenders who hold mortgages on real property. I am giving Lender these rights to protect Lender from possible losses that might result if I fail to: (A) Pay all the amounts that I owe Lender as stated in the Note; (B) Pay, with interest, any amounts that Lender spends under. Paragraphs 6 and 11 of this. Mortgage to protect the value of the property and Lender's rights in the Property; and (C) Keep all of my other, promises and agreements under this Mortgago. 2. DESCRIPTION OF THE PROPERTY I give Lender rights in the: Property described in (A) through (J) below: (A�The Property which if; Located at 42/4-426 )lroadway, Unit co. 1 (Basement and I st F i oo)-) , New York, Yew or Tri1s Property is in NF.w Xnri: County. It has the following legal description: SEE SCHEDULE "A" HERETO ATTACHED ft ' TEL 212-601-3314 ' P. 1 Sep. 3 191 16:44 0000 PHOEBE REALTY ANTHONY F. LAMA REALTY SERVICES INC. NEW YORK• N.Y. -- HOBOKEN. N.J. REAL ESTATE APPRAISING AND CONSULTING ANTHONY F. LAMA. MAI, SRA 119 EAST;8T14 STREET p�gg�pp� NEW YORK. NY 10016 . 1I2.6�i•98SF URY TO: S29 ADAMS S'IUM HOBOKEN, NJ 07010 201.420.9030 TWFAX N 201.410.8714 LETTER OF TRANSMITTAL September 22, 1989 Mr. John-G. Kenyon, MAI vice President , chemical Bank 277 Park Avenue New York, New York 10172 Re: Unit 1 4 2i Stadway New York* Now York 81o* 209 Lot 1001 Dear Mr. Kenyon: Pursuant to your request, we have appraised the captioned condominium unit located within the 424 Broadway Sportswear Condominium Building situated on the east side of Broadway between Canal and toward Streets in the borough of Manhattan, New York County, New York. The property is improved with a 6-story and basement commercial/loft condominium building constructed about 1900, containing 26,400 SF of gross building area. The subject condominium unit contains 4,020 SF on the first floor and 3,551 SP in the basement for a total of 7,571 SF. it is situated on a site containing 4,920 square feet (5013/4" x 9814k") and zoned M1-59, Light Manufacturing District. The purpose of the appraisal is to estimate the market value of the herein described property subject to the Market Value definitions and Limiting Conditions set forth in the appraisal report. The property rights appraised are of the unencumbered fee simple estate in the herein described property. r Sep. t:44 =bE REHLI'l ItL ANTHONY F. LAMA REALTY SERVICES, INC. Mr. John G. unyon RE: 424-426 Htoadway, New York, New York September 22, 1989 Me 2 we have inspected the subject property on September 22, 1989. end researched available market data. In our opinion, sufficient data was obtained to enable us to reach an estimate of value. Descriptive material and supporting data together with our findings are set forth in the appraisal report. In arriving at an estimate of value, all factors and assumptions I developed in preparing -the report have been considered. On the basis of these factors, it is our opinion that the market value of the subject property as of i September 22, 1989 is: ` One Million Six Hundred Thousand Dollars ($116001000) Respectfully submitted, c Anthony F. Lama, MAT, SRA President J-91-57(a) 1/24 /91 RESOLUTION NO. �4 J " 192 A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING, ORDINANCE OF THE CITY OF MIAM2e FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING REQUIREMENTS," AND ARTICLE 20, SECTION 2008, SUBSECTION 2008.9.2.11 SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIAL BUILDING; PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREET PARKING SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET LOADING BAYS; 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5' REQUIRED); 8' SIDE YARD (42.9' REQUIRED); S8%/31,639 SQUARE FEET OPEN SPACE (64%/34,970.21 SQUARE FEET REQUIRED); 17%/9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (2l%/11,474.6 SQUARE FEET REQUIRED); AND ELIMINATING THE REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NORTHEAST 18TH STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT NO. 1380 — "CHINATOWN", AS PER PLANS ON FILE DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND BEING CONDITIONED UPON THE FOLLOWING: (1) THE 80 PARKING SPACES (AS INDICATED ON PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED ON THE BACK PORTION OF THE BLOCK (THE NORTHEAST 4TH AVENUE PROPERTY); (2) PARKING SPACES (AS PER PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY; (3) A UNITY OF TITLE FOR TRACT A, WHEREBY THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT BE SOLD SEPARATELY FROM THE BISCAYNE BOULEVARD PROPERTY, MUST BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT; (4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS, THE APPLICANT SHALL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION OF THE BLOCK; (S) SAID PLAN MUST RECEIVE LANDSCAPE PLAN APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF MIAMI, FLORIDA; (6) ANY REQUEST FOR CHANGES TO THE HEREIN -REFERENCED PLAN FOR PARKING SPACES MUST BE PRESENTED AT A PUBLIC HEARING OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO BE INITIATED AND PAID FOR BY THE APPLICANT; AND (7) A COVENANT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WHEREBY THE APPLICANT AGREES THAT THE PROPERTY WILL BE SUBJECT TO THE HEREIN LISTED CONDITIONS, MUST BE FILED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIOAI SAID VARIANCE BEING ALSO CONDITIONED UPON THE APPLICANT POSTING A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION Or THE SECQi�0 PHASE OF THE APPLICANT'S PROJECT WILD, BE CQMME'NCE . _ 739 My MRII+S. STON nr !� of A • j 24 1991 ram' t Z4 -9 1 TH1_I 1 1 9 J WHEREAS, the Miami Zoning Board at its meeting of december 3, 1990, item No. 2, duly adopted Resolution ZB 115-90 by a six to zero (6.0) vote granting a variance as hereinafter set forth; and WHEREAS, the Planning, Building and Zoning Department of the City of Miami has taken an appeal to the City Commission from the grant of the variance; and WHEREAS, the City Commission, after careful consideration of this•matter finds that there are peculiar circumstances affecting this parcel of lend and that practical difficulties and unnecessary hardships exist which would impair the owners right to the reasonable use of the property without the grant of variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recit-als and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 61 "Minimum Open Space Requirements", and "Minimum Offstreet Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 20238 Subsection 2023.41 to, thereby allow the construction of a 70,025 square foot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0` front setback (10, required); 0' side street yard (7.50 required); 8- side yard (42.9- required); 58%/31,639 square feet open apace (641/34,970.21 square feet required); 17%/9,200.43 square feet of pedestrian open space (21%/11,474.6 square fe4t r, 91- 73 required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 199L in which a building permit must be obtainedt and being conditioned upon the following: (1) the 80 parking spaces (as indicated on plane on file dated November 7, 1990) must be provided on the back portion of the block (the Northeast 4th Avenue property)1_S2)_parkinq s�nces (as pr_plans on_file _dated Certificate of occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed in the public Records of Dade County, Florida; said variance being also conditioned upon the applicant posting a performance bond or letter of credit in the amount of $250,000.O0 valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced. 91,*.'+; F PP,I 4- 3 i tHIJ Section 3. This Resolution shall become off*ctive immediately upon its adoption. PASSED AND ADOPTED this 24th day of k CITY CLERK PREPARED AND APPROVED BY: 4�:�C4- >r , "a'4&L, CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 3 GE- L. RNANDE2 G Y ATTOR EY GMM/rma/1b/M1974 1991.