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HomeMy WebLinkAboutR-83-0354J-83-120 RESOLUTION NO. A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL 115E AS LISTED IN ORDINANCE NO. 6871, ARTICLE VII, SECTION 1;6-13)(c) TO PERMIT CONSTRUCTION OF AN ADD[ TIONAL 7-STORY APARTMENT BUILDING TO THE EXISTING BANYAN BAY APARTMENT COMPLEX ON PORTIONS OF BANYAN BAY APARTMENT SUB (94-55), FALLESEN PARK 2ND AND (4-19), KNIGHT'S ADDN. TO LEMON CITY (A-26), AND HURST AND PIERATT SUB (26-17). WHEREAS, Article XXX1I of the Comprehensive Zoninq Ordinance No. 6871, permits the City Manager, with approval of the City Commission, to grant an extension of a conditional use approval for a period of one year; and WHEREAS, the City Manager recommends such an extension of the conditional use approval granted by Z.oninq Tloard Resolution No. Z_B-127-82, dated July 19, 1982, and City Commission Resolution 82-874 dated September 23, 1982; NOW, THEREFORE, BE: IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a one year extension of a conditional use approval granted by Zoning Board Resolution No. Z B - 1 2 7 - 8 2 and City Commission Resolution No. 82-874, pursuant. to Ordinance No. 6871, Article VII, Section 1(6-B)(c) permittinq the construction of an additional 7-story apartment buildinq within the existing Banyan Bay Apartment complex on portions of Banyan Bay Apartment Sub (94-55), Fallesen Park 2nd and (4-19), Knight's Addn. to Lemon City (A-26), and Hurst and P i e r a t t Sub (26-17), is granted. PASSED AND ADOPTED this 28th day of April , 1983. ^Iaurice A. Ferre MAYOR ATTEST: AL G. ONGIE 6-01 CITY CLERK CITY COMMISSION MEETING OF APR 26 1983 RESOLulwir No. 83-351 kEMARKS APPROVED BY: DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: OSE R. GARCIA-PEDROSA CITY ATTORNEY -2- 83--3541. 04` 341 Howard V. Gary February 7, 1983 City Manager Q � --X4,,,r4Jure io E. Perez ugones Director Planning and Zoning Boards Administration Department_ REQUEST FOR EXTENSION OF TIME CONDITIONAL USE 703 NE 63 STREET COMMISSION AGENDA - FEBRUARY 24, 1983 PLANNING AND ZONING ITEMS "It is recommended that a request for an extension of time for the Conditional Use granted at 703 NE 63 Street e approved." The Zoning Board, at its meeting of July 19, 1982, following an advertised hearing, adopted Resolution ZB 127-82 by a 7 to 0 vote granting the request for a Conditional Use as listed in Ordinance 6871, Article VII, Section 1 (6-B)(c) to permit an additional 7-story apartment building to the existing Banyan Bay Apartment complex with a height of 63', which is an additional height allowance in accord with the Conditional Use provision listed above. The Conditional Use is subject to a City of Miami Charter Amendment which was passed by the City Commission on September 23, 1982 by Resolution 82-874. The Conditional Use shall expire on March 23, 1983 and an extension of time for a period of one year may be granted, subject to approval of the City Commission. The Planning Department has no objection to the granting of the extension of this Conditional Use. A RESOLUTION to provide for this extension of time has been prepared by the City Attorney's Office and.submitted for consideration of the City Commission. GF:111 cc: Law Department NOTE: Planning Department recommendation: APPROVAL 83-354. .v�ylr.. .� `b'..�`fp .:V =n :'•'•:,K� .......'.�-�Y.•...n_r..w.'.. �... ...v.�r, .: �..pr�cv.-w:J ..A.uA.+K:w�.. r.... .. .. . � .. .,... .... .-. ,� .... ��.�. ... ...• ZOFIING FACT SHEET LOCATION/LEGAL 703 ;J.E. 63rd Street portions of BANYAN BAY APART'iENT SUB (94-55), FALLESEW PAR;; 2ND A'ID (4-19) , KNIGHT'S ADDN. TO LE'?0'J CITY (A-26), and HURST AND PIERATT SUB (26-17) as listed on file in the Planning and Zoning Boards Administration Department. 0;/ APPL 1 CA'J Bel co Ltd. D/B/A Banyan Bay Apartments c/o Barry Brilliant = 703 N.E. 63rd Street fliami, Florida Phone „893-3097 ZO'l NG R-3 (Low Density :Iultiple) and R-4 (iedium Density Multiple). REQUEST Petition a modification of the requirements as set forth in section 3(4)(b) of the City of Miami Charter, Chapter 100,47, Special Acts, La,. -is of Florida, 1925, as amended, to, perm:-:: an additional 7-story apartment building to the existing Banyan Bay Apartment complex, with a required av2rage side yards agc—egate of 143.92' (which equals 257, of the Crater frontage based on averace lot width); 37.24' or 6.47;; proposed. and Conditional Use to permit an additional 7-story apartment building to the existing Banyan Bay apartment complex, with, a height of 63', which is an additional height allowance in accord with the conditional use provision, listed above. This application subject to a City of Miami Charter Amendment approval for view corridor. RECO'',:ENDATIONS * PLANNII;G DEPT. DENTAL. The applicant has proffered public easing such as: - maintaining and providing additional rental units - maintaining an existing Specimen seagrape tree on site. 83-354 ,e: ..Pv _.ty.. c• �.�ts'�'Paa r•;,.F����...p..y'1t !'.vu �a-..�:..e •�....x.•.. .�.... C C additional street trees along the nearly developed portion of the site The Department does not recognize sufficient public benefits by this proffer. In lien thereof, it is recommended that one of the following public benefits be volunteered, listed in order of priority: 1. Provide a baywal k linking N.E. 62nd Street with N.E. 64th Street along the bayfront in accord with the City's development guidelines. 2. Provide a fitness trail in Legion Park. which would be a 6' wide, mile long track (1" asphathic concrete over 6" of compacted limerock base). The ccst is estimat-ed at $25,000 - $30,000 and would provide a much needed circulation route throughout the park. 3. Provide substantial planting in Legion Park:, along the shoreline of a value comparable to item :�2. PUBLIC ;lOR;:S Request the dedication of the north 5' of the east 1/2 of lot 23. ZONINIG BOARD: Recommended approval on July 19, 1982, by a 7-0 vote. *PLANNING DEPARTMENT: Recommended APPROVAL on September 14, 1932, subject to the applicant's proffer to provide substantial planting in Legion Park, along the shoreline, of a value estimated between $25,000 and $30,000. This proffer was the 'third alternative posed by the Department in the fact sheet and was concurred with by the Zoning Board recommendation for approval. 83•-354. 83-354, �.W11C1,LS O� LT'•',lTL'U THOSE ARTICLES OF LIt57'1'j:1) 1'n1(V!r_):S11IV, Tack and entered into on this /D Y'L day of February, 1972, by and betvtcen JOHN R. VEREEN, a resident of Dade County, Florida, who presently resides at 703 N.E. 63rd Street, Miami, Florida, Party of the First Part, 13E.T.,UDA CO:•'PA1\1•, a Nevada corpora- tion, with a place of business situate at 810 Alfred 1. duPont Building, Miami, Florida, Party of the Second Part, VALERIE L. COATES and GEORGE F. COATES, JR., her husband, each residents of Dade County, Florida, presently residing at 429 N.E. 994th Street, 2,iami Shores, Florida, Parties of the Third Part, and the trust created 'under the I�ast Will and Testament of ETNEL M. HAUX, Deceased, by and through the Co - Trustees thereof, HUGH E. WALL, JR., who presently resides at 157 Lookout Drive, Dayton, Ohio and LIARO LD H . W LLM-Al- SON , who presently resides at 5540 Markey Road, Dayton, Ohio, Parties of t-he rourth Part, all of the foregoing referred to collec- tively as the Partners. 1-7 I T I\ E S S E T H, That: - WFERETS, the said HUGH E. WALL, JR. and Y.;%ROLD H. ;r'ILLY�L:SON are the named Trustees of the trust created and established under the Last Will and Testament of ETHEL M. MAUK, Deceased, and whereas, the said Trustees have established their rest_ ective qualifications as Trustees and have submitted the , a rn � • CM administration of the trust relating to the trust -- :a fully described ;iereinafter, to .he supervision of tz_; Crct Court in and for Dade County, Florida, in proceeding en?itThd o N .� O "In re: Trust under the Will of ET)JET, M. HAUK, DeCz;�seT', and ry • V111 " XAS, among the assets of the trust is fee simple title in and to those certain parcels of unimproved real prop%rty, irore fully descriYjcd hercinaf ter anti situate and locatcd in Dade County, Florie-a, anti L11iLE1,F ANT1611 NO t V;11FICA,ION I 83 354 1WC•C KNO CA110H. AT10:+r+LV !T t.w, nt/ I/C J 1 a r��r n�I�vl•.G. PIA$4 �tGtiIDA ��171 , 'Ll'ie said VAL!>!t!1•:4 ^� 'O/%TrS Inc] CE02cr. 1'. COi1'1'ES, JR. , her husband; arc the owncr:, and holders of fcre sitnule title in and to certain parcels • of real property likewise situate in Daele County, rlorida, adjacent to the lands within the said L•'state, and WHEREAS, HUGH E. WALL, JR. and IMIZOLD H. VULLIMSO`J, as Trustees aforesaid, and the said VALERIE: L. COiiT1:S and GEORGE F. COATES, JR., have agreed to contribute and convey their respective said properties to the Limited Partnership herein agreed to be formed and established for the purpose ' of developing and improving the said land and properties, NOW, H t F RE ? r � 7�. t i T..�R..O_ _....., in cons_de_ation o_ the ,L,.ua_ - covenants and conditions herein contained, the part -es do hereby, for themselves and their respective successors, heirs, executors, administrators and distributees, covenant and agree each with the other, as follows: reement x'TRST: The parties do hereby agree ?zrtr.er- i p• to fora a Limited Partnership cc.-%mencing on this day hence- forth, and to remain as such Partners until such t=^.e 'as. this Limited Partnership may be terminated in accordance with the provisions hereof. r tner- SECOND: : The f irm name of the 'Limited p :Fame Partnership under which its business shall be conr2ucted and carried on shall be BELCO, LTD., or such other firm �%nmt�=or names as the Partners shall from t_; me to time sel ec�_:;�nd `TT Vf a .� f- M -< 11" I designated. rN i nci pal THIRD: The principal nlacrrr3f -race Of >>.»css business of the Partnership shall lie at 703 )Northeast 63rd Strc et in Miami, Dadc County, Floric'.a, which said'_ designated • • f 1 1 s the r J�.ac:e o_ bus_.nes�; may he c.i..rc�ec'� ��_ �e Partner..; may from t ima to time do terni ne . -2- . VA.G'L 0-ICU Cnf LIt.• AT Ip1/hI LY : AI LA.N I.'_f1 VI II LJ I L C 0,M1• f LOIAILNA )iIS 3 —354 reenent ?artr.er- =D tner- o :Fame nc? nal _ce 0i Silicss W 7%% ; 1:h suid VAL1;1(111 A 'OATES rind CEOnGT: 1'. C0x1'ES, JR. , her husband; arc tho owncrs.; and holders of fee simule tit).e: in and to certain parcels* 'of real property likewise situate in Dadd County, Florida, adjacent to the lands within the said LSLate, and IMEP,EAS , HUGH E . 1 .IAIL, J R . and 11MIOLD H . 1.7ILLINSSO-J , as Trust::tes aforesaid, and the said VATZRIE: L. COATES and GEORGE F. COATES, JP.., have agreed to contribute and convey their respective said properties to the Limited Partnership herein agreed to be formed and established for the purpose of developing and improving the said ?and and properties, NOW, THEREO^R.E, in consideration of the mutual . covenants and conditions herein contained, the parties do hereby, for therselves and their.resoective successors, heirs, executors, �dTlinlStYatorS and d�Slributees, covenant and aareE each with the other, as follows: FIRST: The parties do here!--v aSree to form a Limited Partnership co:n^encing on this day hence- forth, and to remain as such Partners until such t=.^e'as.this Limited Par:.ners`.i p may be •tern: nested in accordance with the provisions hereof. SECOND: The firm name of t::e Limited Partnership under .,•hich its business shall be con(2ucted and carried on shall be BELCO, LTD., or such other firm -nmlf-mor names as the Partners shall from to •time sel ecN rn designated. r cn o THIRD : The principal place- M bit--iness of the Partnership shall he at 703 ?northeast 63rd Str6 `t in Miami, Dade County, Flori0a, which said designated place of business may he char.c�ed <�S the Partner!; may from time to time dcternine. -2- .r,&.(.[ /.NU CAfLI►.,AT1014HLY'- HI LF. i /.Lff.!'J 1 t+VV�7•.1 I�U�LC•:•��� �'��N1.(101����A ��1�1 �-354 - zition rl\ �r.'.:1: The AImited Partnership Partncr- p sh,111 co:n.*nence. at e:ate hereof and shall enc:ure and continue thereafter until terminated as p`rovidcd Herein. oral FIFTH-. The General Partners of this ited Limited Partnership are. anal shall be JOHN R. VERF.EN and tners BE�;UDA COMPANY. The Limited Partners of this Limited Partnership are and shall be the Trust created and establishec under the Last Will and Testament of the said ETHEL M. 'V71UE, Deceased, and VALERIE L. COATES and GEORGE F. COATES, JR. tial SIXTH: The initial contribution to ter= bu- '- n to capital of the Limited Partners is and shall be as follows: ital - th e ited A. Subject to the provi- trers ; row of sions hereof, HUGH E. WALL, OR. and HAROLD H. d WILLIA.4SON, AS TRUSTEE'S, as aforesaid, shall forth— with contribute, convey and transfer to the Limited Partner ship by Warranty Deed those certain parcels of real property situate and being in Dade County, Flo_ { da, as more fully described in .^xhihi t A attached hereto and by.reference made a part hereof B. VALE'RIE L. COATES and GEORGE F. COATES, 71R. shall forthwith contribute, convey and transfer to the Limited Partnership by Warranty Deed that certain parcel of real property situate and being in Dade County, Florida, as more fully described in Exhibit R attached hereto and by reference made a mart hereof. C.. It is agrced by and amor. the Partners that the val�.�.e of the lands contribute --3- 83-354. PAIGE AND CAfIIN. iayoflhl.rs AT 1A.W. htl nLu 1 ouFO`If ouituiNc. �a�A►.i. ilO1`liOA 33,31 by the Liui l%ccl I',tr t-Mor!� tc, ci,r,, to 1 in in the aggregate Sum of $000, 0.00. 00, allocated $450,000.00 to the trust c:rcOte-d and cstab- lished under the Last Will and '.I'cstanant of "'rIAIEL M. I4AU1:; Deceased, and $50, 00n. 00 to VALERIE L. COATES and GEOItGE F. COATES, JR. , subject, however, to the following proviso: In the event it should be later determined that the tax basis of such lands for Federal - Income tax purposes be less than $500,000.00, then and in such event, any taxable gain re- sulting from the ultimate disposition of the properties shad be allocated solely to the Limited Partners to the extent of the difference between the tax basis and agreed value,* such sub- sequent allocation being for income tax purposes only, it beino nevertheless agreed that the total gain measured from a cost basis of $500, 000. 00 shall_be distributable to all Part- ners ill proportion to the_, share of Pains and - losses. It is f-urther agreee. that upon disposi- tion of all or i.ny part of the Properties, any part of the gain thcre`rom which represents an excess of value as of Cate hereof over the agreed value of $500, 000.00 shall. not be wi thdravn from the Partnership until all cash contributions made by the General Partners and the 'sum of 5500,000.00 contributed by the Limited Partners shall have been repaid and Cistriauted to sucli Partners in tu.11, and the i.i:terests of- thc ::cncral Partners . in such excess, i.F any, may not be tr.ansferrea or until they have comp'l.c ted their manage- nicnt servic:cs to the n.,rticular yorLion of the prc i-)crty %:I►_ Ot i:. the _-Wijcct of the disvo_:it:ion. 83-354: It is agrccd th1k . Croon c::,�c mI'L. an, cic:tivi-,,y and rucorc?in(j of the i.n�; truments of cnnvcy-;mcc executed by the Li.!iti.tcd Partners convoying to the Partner,,hih all. of -their right, title and interest in and to the properties cic ;criLeLj in L).hi.bit-n A. and I. attached hereto, that the Limited rArtneLs shall deliver simultaneously thcrewith a 'binder or commitment for title in- surance or an opinion of counsel so as to assure a status of title satisfactory to the General Partners. It is specifically understood and agreed that the. Deeds of Conveyance by the Limitec. Partners cf the properties described in Exhibits A and 9 shall not be filed in the Public Records, but shall be held in escrow by escrow agents satis- factory to the Partners until such time as a construction mortgage encl.;.^2berinc a part or the whole of the properties has been obtained and the mortcace proceeds alssured.. At such time and it being necessary that the Deed be _hen recorded, it. is agreed that the escrow acen is shall be authorized to re- lease the same to the Partnership for recording. It is further understood and agreed, however, that should a con structi on nor :gage be not obtained and the mortgage proceeds not assured within' a period of six (6) months from -date hereof, then and in such event, the escrow agents shall return the said Deets to the Limited Partners for th%4ith unless the Partners shall, une.nimously agree to con- tin::e the escrow _`o^ a further stilou? ated period. In the event of the return of the Deus to the T.iwited Partners, they shall be under no further 1i ability nor responsibility here- under, and the Limited Partnership shall be deemed terminated. In addition to the return of the Decds to the Limited Partners, as aforesaid, the General Partners agree to execute and de- liver to.the Limited Partners a S.,)ecij11 warranty Deed wherein they quitclaim and convey any r. aht., title �►i inte3: or color of title, in and to the sa d prr•,ncrli.es, such special -5.. 83-354, 1'A'-L /.1:U CL1L114.I.T101#-41.Yb AT L A-4. ALI H► ;i 1 t vC1IIU.ILt�,_ It1kN1. 1 LL11A10^ 33111 iitial Cc>n- ributio» '.hc 2neral ir`.ners c t;Orran ty Dc, to be exccu tcc_' in ai �1 c and hold in cscrow by the said c-scro w ag(-!n Cs . . SL'y1.:t;'1'11: The initial c:ontribuL-ion of the General I'lartners to capital is and shall bo as follows: A. 301111 R. VEREE':1 hereby ayrees to contribute forth,:)ith the suin of One Hundred Thousand Dollars ($100,000.00) . 0 5 , SERMUDA COMPANY hereby agrees to contribute forthwith the sum of One Hundred Thousand Dollars ($100, 000.00) . It is snecifically understood and agreed by and among the Partners that should z cons true Lon mortgage be not obtained within the time allowable in title SIXTH here ina- rove, and the Deeds of the TL-Lriited partners convey nci the properties described in 'E.Yhi'n.its A ane 3 be returned to the Lirt_ted • - Partners, tocet-her with tale spec -a'_ warranty deeds of the General Partners, th.en and in such event, 'the balance of the initial con-ribut_on of the General) Partners shall he returned to theri and they shall be un?.er no further liabi lit nor resnonsibility under th^_ terns of this Agreement and the Linited Partnersh ,h s'.iP_l'_ be deemed terminated. cone and rEICHTH • it is aRreeO. that the scope ,:siness of he Partner- and business of the Par :ner shin shall consist of the. econom_ hip and com.TMerci al develooment of the reel proper. ties conveyed to the LiniteC Partnersh_n by t'_:e Lirr.i ted Partners, as Bete: necI by the ''General Partners, anel as limited bJ the zoning ore ina nces of the Ci`y of Miami or other ;ovcrilmental agent: applicable to the proper =i es . it is con :ernpla ted that such dcA,clonment shall consist of the co::,c^_ruction- :non the prop ties b` apartm nt.s, ho'_c` s, private clubs, rcntatirants and rcl ated buildincis or s, or any one or more of the forcnoing. It. i�: further contont)'Lated Lhat such 83'-354a VAICL ANQ CgfliN. ATTonhcr:i AI loot), ^Lr14LU 1 &,w(- lhi 1111I1UII1C.. N1.•?�1. fLOhloA »131 developmc.:nt of thn. I)ro-lcr__,us s'-hall he InclOr., ant'. con- dministra- ion and ontrol of he Partner- hiP .A�itzon�l ions to _pital by :r tners _mrita ti on i Personal rantecs Cn— ,rsc::nc.1)ts (luc Lca in stiiyes \,hcrehy a Portion or thr_reoF shall be improved and developed in sllcccssi.ve Phases. NINTII : It is agreed that the General Partners shall have full and exclusive control and discretion in the scope and business of the Partnership and shall "nave full atthor. ity to determine the nature, type, configuration, plans, scope of the building improvements and of the mortgage or other financing necessary or. desir- able in order 'to obtain funds for such inprovements . The General Partners shall further have full discretion and authority to determine the time or times for the cc-.%Tencemer of building i mpn:ovements and in general, to -manage, develon and ad_n'iniste= the projects herein contemplated; provided, ho,aever, that any sale of the premises or part thereof * shay_ require the consent or all Part-^ers. ►T ENTL: : The General Partners agree to contribute jointly to capital such additional funds be- — tween them, w1ilch, when adcled to mor.tv_age proceeds, sha11 be necessary to construct ant'. conp�_e to the first building 5m- provement and to co::umence its operation, including, but no t exclusive of architectural plans and specifications, survey_ mortgage costs and expenses, construction costs, landscuain; furniture, furnishings, fixtures, equipment, promotion and advertsing costs, insurance and pro,`.essiona:l fees. ELEVENTH: It is specifically avreed b- and between the Pv.rtner!; that none of them shall he require, nor obligated to endorse, auarantc.- or be individually liah uprbn any mortgage, prom`_--sory note or other evidence of in-- dcb,:cdness inconnection with the ecvc.lnp-icnt of the proper tics of the Partnershin. 83"-354. • Ir.lGE /.1-1D U.iLIN. AT TOlit, CY5 AT t �.�+. /,L/ i�tm� I LL..HC'hT 1"JILfJ!NC, F41e..1, f LDH17J. 1J131 )Pti on of Ai-i!' L,:20' I'iirL-• 1r:r:: to hc•- c� -�( C.cnCI:i:l. lartner<< o Comoensa- .ion to artner� rivilege f Occupy: -- 19 P� em nsB At ir. ayrr.ec] ghat at. such t.ir.ic as a 1?cr.ri.Zr,eni: i ire, L mc)r Lg.)cic hu:; l;c,c_n ol;ta?.ric(;, a;:c- cuted aitd funded encuin!)ui•inc, the 1<<nc n of the hartnc:r. ;hip, or any Part thereof, azic? at i:nv tii,.tu thcrc,if tcr. , cach of the Limited Partners s!in1.1 have the ricj;nt and option to be and Lecome a General Partner. The exercise of such option shall be evidenced by an instrument in writ:ina addressed to and delivered to the remaining Partners. Upon exe_-c_su of the option, a Limited Partner shall have full vote in the affairs of the Partner- sh4 p proportionate to his or her interest in gains and lossE hereunder. THTnTEENT: It is zg_eed that -th .ere shall he no salary, wages or other compensation due or pay- able :.o anv of the Par ne_ s the approval a-nd consen ` - of each of the remair_ino *Partners evidenced in F0VRT' ti_' TH It 4.5 agreed by and among the par _n-Ya that. t T su? C'. VALER1;' L. COATES P-11C! F. CCZTr:S, JR.., her husband, shall have the right and rrivilegi to cont-4.n,ae their occunzncv and residence upon the premises dcscri5ed :.:t Exhibit E attached hereto and by reference r..ad( a Part hereof, until s =c`: i.re as �--r it : en notice has been served upon them to vacate therefrom signed by all of the remaining Partners. Upon receipt of such notice, the said VALERIE L. COATES anc? GEO CE F. C011:'!;S, JP.. agree to vacate prcin-' ses within 120 days therefrom, subject, however,to t!1 provisions of the f.o'• i o,., my nay: ao it-1h. It is .,xgr.cu(2 that*. a t silch that., uS VALY: III L. COF.'j' ct17L1 GEO^Gl: F. COATFS, JI:_ vacate the naiC. PI:er^ ses pursuant. - to notice, as �:fores:l_ e., and as cl to their obliga tion to vacato.., t ho. !7-ha,..l 10,-11) to thu1ti the num of One I!v.ndrec: Thousand 1);,J.?.srs ($100,000.DO , which said 1 83-'3J4: w t4i ,.. r a.n r.• - - - s11<<ll be evidenced by t11uir rlotc! pu�'nble to the order of the Nrtnersjhip, vihich shall provide for re- hilyment, together with interest tit the rate of Q t 1:cr annurn, solely from 50° of' their share of cash distributions from the Partnership, 4.t bung understood that the said VALERIE L.. COA'T'ES anc; GEORGE F. COTi'!`ES, JR. , her husband, shall only be liable for repayment solely from 50L of such cash distributions due her, if any there be. '+llocation FIFTE'ENTH : it is agreed by and a. -song )f Partner- ;hio Income the Partners thatt the net profits of the Partnership shalt and Losses be div;_Zed among the Partners and the losses shall be borne by them in the folloc:iz a b_'ODortions: The trust established 45 ner cent under The Lz.st and Testament of: = ^'_'EL M. . 11 U-, Deceasec: VALED3r L. COATE.S 5 per cent and GEORGE F. CO TZ's, C.R. 3OFN R. V£P.'�E" 25 per cent £ ERR:UDA CO:P.1"'1Y '25 tier ce:. L �t is specie sally agreed by and a!nong the Partne that any proceeds or excess funds or proceed_ sh2-.11 ba re- tained in the Partnershio until s,.ch time as the entire properties shall have been fully developed, unless the par' shall unanimously othcrwise agree in frc:n t-!.me to time. O?lion to SI}:':'E)r*.^F'.• Iw is agrcec that the Trans _`cr Pro?ertien Ceneral Partners shall have the fol'ov;;.nc o_>tions %jith re - to Car— norat ion spect to the lands conveyed to the Limited Partnership by tl;e ,Limited 'Partner as Ino_'e fully dest.::-ilicd in Exhibits A and B attached her'c to, namely : 83-354r !•r1GC A W 0 G111•.. LT TOW4I T3 e 1A.:. / L! 14i4 1 t,-1•:1v1 1hG 1.7A.+I rLC;I ::',A 11 - I. • TO cc,,-, vcy bziru 1 cc, s l ti tle tlr.c.,tc, t.o a c orr nroLion to he formcd for that purpose, as nomincu, and ttic capital stoch of ,ucll corporation S11,111 ).)c o%:nud and held by persons other than the Partners, such vesture to !�e teriporary arid for a specific plir- pose with reconvevance to the Partnership prior to occupancy to the extent nossible. B. To convey full title and ownership thereto to a corporation to be form for that purpose, and the capital stock of such corporation shalt, be b••:ned and held by the Partners in `.-he same Proportion as they share profits an,:. losses hereunder pursuant to the provisions of Article FI TEENITii hereinabove. 'In such. event, the Genera'_ Partners herein shall be vested with the right and. au th,ority - determine the advi sa'o:,l_ ty o= a Subchapter. S electio:j (anti each Partner shall ccnscnt thereto), and the time and manner of a l icuicat-.on of a corporation. it the event {_he n.rop_r. ties be conveyed to a car- porat_on, it is agreed° that the General Partners shall have the same controls, rights and powers cis the oCh:e_wise possess under the orovlsions of t.li;s I%cr+_-cement. P�tr tnc•sh: n Si:Vl'1:`�""r'!'!: I:l.l funds, cl�ec%s and rc- P-an% occour:ts cC:lnt:.'i of th,:` Par ►.riernhi n shall be Ou'IjOS?•tcd in such barlk account or accoun r, as m:iy be 2 n 1... J.r,ed by the ParLncrslil P(.0 (2r's tCi P.1 rtnur hi p V.-corLti rind �.L; nun L fro^'. 41JT1�_' AC t_n1c. Chc:c'•: on suCo or accounts ma ­ be s_;Incd by- any crn_ of thn Par _no rn. ):I:11111)IE`ITK: )*ac:l1 :`nzt.,lc•r. shall have full -tccc!:s to all I'rlrt!lcbriO::: iovrl record. at any ti 83-354 :.,.0 Gi-Ir AO J]-JI Par tn--..rsh; ro r'•ccounts l('cC:5 to of ='•_c:(ir(�ti zinc} �.L: c, nun L h.. TO cu,Nvcy bbru lccial title ! ;;cr.c 4Iu 1.o a c_orj nroLion to he forncd for that pui:l,one, its numincc: , and the capi. tztl stock of such uorpo_zition sh,111 l.,c: owned and held by persons other than the I'artncrs, such vesture to '_�e ter,porary and for. a ,,peci.fic pur- pose with reconvevance to the Partnership prior to occupancy to the extent possible. B. To convey full title and ownership thereto to a corporation to be four for that purpose, and the capital Mock of such corporation shall be b•;:ned and held by the Partners in the same proportion as thev share profits any! losses hereunder pursuant to the provisions of Article ^YF TEF..::TH hereinabove. In suc': evert, the Genera'_ Partners herein shall be vested to th the richt and aut?!ority 10 determine the advi sab:.l_ty o_ a Subchapter. S election (and each Partner shall ccnscnt thereto) , and the time and manner of a 1;Cu c.at4.on of a corporation. Zr the event r_he properties be conveyed to a cor- norat_on, it is acxeec' that the General Partners shall have the sane controls, rights and powers as they ot::es�:,isc possess under the provisions of t.h;s J,,.ccrcQ ent. and -c- ceipts of th%r: S'artncrshi,n Shall be 0-upos?.torl in such b-ank. account or account:: z , r,i:iv be :ne i nt.ai.ried b, the Pnrtncrsh from to time. Cncck on sued �-Icco.I^t or accounts ma - be s•ictned by - any ono or the c�;��ra? Partnt�r. }'I:!shall have: full accc::s to ail). I':tr.'L:tci-:;hip awl recordn at any ti 83--354 1'A•v!, :.uU CL�:,>+ n� i!.�,•.1.�:, :,. •.t, t � , - ..,.: „�;�.U:i:C-. „,�,ti, ftG,,,l:,+ ���J� 1 and shall. to r.cccive uo N y of ail Tlartnnrh_1) fina►icial reports and ,.ax L'c%.. Iderinity and -h ]'arLnur shill not con- . ;pity -t- sent i» %:,riting or otjjcr�-jise to `j&-come Ija it or surely nor L:o- ia- to enter into any bond for any personothcr than a neornber n- ' of his family. Parttle•r shall not perrAt to be done any- thing v.-hereby the property or capital of the Partnership may be attached or levied upon. The Fartners`:i p assets and capital shall not be liabile for the personal debts of the Partners, nor shall any Partner be or become personally liable for the debts of any other Partner.' Each. Partner shall punctually pay his separate debts and for all of _`:e foregoing, each Partner shall inde:7L ify the others and shall indemnify the can tal and property of 14:1-:e Part-nershio . Each Partner acrees to carry and pay for liability - insurance on his personal automobiles :n the face amount of at least $100, 000. 00 Tor each person and $300, 000.00 for e—,ch accident. . imitation T�,^rNNTT_BTF. it is agreed :.hat the build- ., oon Trans- -:,,- or ings and assets of the Partnership shall not be sold nor sha ssignment r Part- any Partnership interest be trzr:sTerred for, a period of tvo - "_ I s Tn- arest and (2) years foilcwinc completion of the building improvements ale of --set contemplated, and thereafter as follo;•s. it is agreed by and among the Partners that shoule one of them elect or determine to sell or otherwise dispose of his Partnership interest, he, she or it sh,�l1 =first offer such interest to the remaining Partners upon the same and i6c!j44_-: cal price and terns as are offered to the, selling Partner in a- vatic? and !'bona- fide written under-aking by a _hire: ?arty or parties- 7ny one or all of the remaining Pa tner's shall have the right to purchase and acc;uire t1:P interest of the selling Partner upon such to-rr-t_ ane. conditi rA§C.L A►;O C.ATL111,ATton;1(.rS AT Li. /,, Fjjj:O 1.ov✓Ord/ uvoujIN.i. ,,Aw.rLONIUA 13131 83-354 N to Uic cvcnL nt:r sh.-Ill kill to r1.1 or clir.pU7n of his rortncr.r,l,ih int r:rc::ct wj.thi„ :,i% (G) r.,ont)i!: after 1,�:, r.)r .-)ijil.l )»vr. f.irFL• clf fel:c(l inL(6-(c .0 t-n thu rc:r),)i ni.nd 1`arL•nt•r:, a new of f cr inus L 1,u ma0r:• ,-;)1c1111d t)i(! :,rl.1 incl 11ii r L i i " r sul)sc:c+„cn1.1 %, cic:tcrininc to acjain sell or ci i ;;-,osc: or ),i :;, her or its intcx cc%,L. Notwi.tht,tandinu the nrov.isi.er,5 oC the forcc;o;.ng r�ara- gro.ph, each of the llortncrs shall ))avc Ulf, full r.icJ11t and. author ity to give or transfer Mintz tint.erest or a part thereof to a member or members of their family, inclur,rr:g ncmbers of such family by marriage. Each of t`�e Partners shall further have the full right and authority to bect:eath or devise their Partnership interest by Will or to per.mi- the same to succeed by intestacy, providccl, however, that ir: the event of the death of one or botl: o` the General Partners oY.ior to fund:.ng of a per: -,,anent first r ortgacrc' contemplated. to be held by The Prudential Inst:rance Company of America, all of the Partners agree that they shall forthwith appoint a mznnger or a manage-ment company for the Pur- pose of completing the construction of the builiding i^proti►eanents then unc.er rvnnr_c? nU the vrope_ tv of the Partnershi.p, ant-3.1 such funding occurs; provided, ho4:ever, that - such appointee i►,ust be approved by the said The Prudential In-- surance company of %ncr�.ca , in -writ _ in the even} of dis tr b'=t=on of the trust under the Will of ETHEL 14. 11AUX, Dacca scC , t1- n d;.stribut-ces shall automat?_ cally become Limited Partners in".lica and in place of the T.r.usteCJ or their slaccC,;Jt:r o? o» TWTEN TY--F1RST : ,- -- Thin Par. tnersh-.p rnny be ter- rn.=mated by the unanimous consen t of t`.Ic, Partners, and in such event, it is auret,cl that f,rc�„p .I., upon dissoluti.or. a ocneral account:.'.ng shah 1,)_ lnad e, iijiO tcli:cn of all.. of the tra: sanctions of the'P'ar tnci h3.r, to d?att-_ OE tI%f tee: th;: ].in- l�� tit.ies of the have l,::c:n c PA0. and clis- cliarc;cd, tho romaini.nci e,: <<.:s, to thr• emir%ot. that t):,:t%' are sufficient no -o 0,0, shali 1-c util_v-c-d 1).#:o for t:ha re- turn to Cach Of the rart„�r�: o� t.h•-- nt,:ns to hi:: or her credit S.n hip or l:cr C.t,,itill %c(•L:)l",t, :tad 83-354. �mencmen t eirs and ­ccessors ayer an..It ;I:;!;C L_: ► CII►,I.in i 1I(1 O)1 !:.►►tct :,!►.I; 1 IA' c! I ::l.1 ,Zbij Lud Ln th(.- 11orL► ors in proporLion Lo Uicir Lhc,► .►))(,vcltior► of i)rof..i.L•_: -1►Ij 1osscs hcrcundur. Yt is aCjrCCel thilt in ttiu CVUjIL tile: aalocation of capital account and Profits ana }os cs of the rerr►cl;.ning Partners can be sati sf icd b-Ir cash or otherwise, that the Trustees of the trust af.orerl;ent Ioncd, shall have the right to take their allocation in the land then owned by the Partnership, if such allocation is possible. TWENTY-SECOND: If at any time during the continuance of this Partner. ship, the parties deem it to be necessary or expedient to ra':e anv alterations, -chances or modifications of any article, clause, matter or thing here- in contained, So" the more advantaceaas or satisfactory - management of the partr.ers�•'_ip bass ncss, such_ al et ralo:'ls, change or modification shall only be made by an instrument in writina ' of equal di cTni ty with these presents_ and signed by all o_` the parties to this AVrecmOnt. mS�'E:�Ty- T�tJ p� • Th.. !.i T%gr eemen t shall be binding Moon the oarti es hereto, the..r heirs, representative executors and a0lministrators. Tt;TENTY-FOUR' it It :_s acknowledged that no written instrument can record all that is in the human mind or human heart, nor can we as mortals provide for ail possible future continuencies. it is, therefore, our prayer tlia _ with mutual respect µnd une.Frs _andina of one to the o -21C'.: , tha `-� this Agrccmcnt. i ulfill the a-,p; lationr, of all parties w-th the detrimen': to none. � w • x:? .�`?'!',�IL'SS 1'itr.!'.rn?, the parties Hereto have -13- 83-354. r.-Ir.L htvU GAT ►.I?4. AT►O dNL1 0.1 L .i /..11• :) ( 1»r;l .. 1: �• C. I:�A ?icrumito !,oL• t.hc,ir and sc•,j).!; Lhu c?<<y imr l yc,-Ir f.ir::t abuvc wr.i t. Le» . Sicjnc�cl, Scalcd alld D^livered in the Presence of: ,/ Fts 'Trustee of trust crew Ccd • �tr,c3c:r the Last dill a.nd Testai;iunt of L'I-!1EL M. 317,U11. ? t,T20?,D 1_. 1j.11T T-JIAIISOIN, as Trustee the trust createc: Unaer the Last - and Testanent of Deceased rr;V`�`'E�=L L. COATS/:i . J L�/•! Jam✓ I-_ .-/ 1G���r� '�'r �,�':`'� � • CCATES, J4, rl X7, I Tor. J CS C:C- 83-354 r CITY OF MIAMI. Fl.0910A INTER.-OPF'ICE MUMOnANIOW-1 -C Aurelio Perez-Lugones, Director Planning & Zoning Boards Administration -„z., J sc,�n W. Mc,ianus -Acting Director Planning Department C DATE September 14, 1982 FIB-: SUE!JEC' 703 PEE 63rd Street Banyan Bay Apartments REFF-PENItem 91, July 19, 1982 ENCLCSURES As the zoning fact sheet relating to the subject property has not been updated to reflect our revised verbal recommendation at the time of the Zoning Board hearing, please update said zoning fact sheet to reflect that the Department recommended APPROVAL subject to the applicant's proffer to provide sub- stantial planting in Legion Park, along the shoreline, -of a value estimated bet,reen $25,000 and S30,000. This proffer was the third alternative posed by the Department in the fact sheet and was concurred with by the Zoning Board recommendation for approval. J1•!M1/ ROW/ vb 83-354, .r• ♦ .. � ... .� .� _ r- .. - � � .,. -J •\• - �- ^ .. Jar .. . .. .r.♦i.It -.art rJ.It'.MM'Jr-w .. �.,. .. r.. rr �-. � ....... .• ,.- .... .. .. •. r. .. .':1..1��-..+i.wPJ r'.�:..ry��i,:l.n'[I!I!�,Z":!r_�4''.r�: �ka:Y!:;r:�v. y'...; .�:ti'. i:�. �::....'r'.C.i, 73 Howard V. Gary February 9, 1983 F11- City Manager 703 N.E. 63rd Street Time Extension err o Rodriguez, Director anning Department The Department has no objection to the time extension for the Conditional Use for the height of the proposed structure at the subject location. S R/ ROW/ vb 83"" 13SQ, CITY CF MlAMI PLAINN 1 J. J. Della Porta, Inc. Zoning; & Governmen �C uI nt 11822 W. Dixic igi 3 hi :I i N. Miami, Fla. 3:1161 1:3051 893.3097 January 31, 1983 Mr. Howard V. Gary, City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Attention: Mr. Aurelio E. Perez-Lucjones RE: Banyan Bay Apartments. Dear Mr. Gary: In September of 1982, the Miami City Commission approved a charter amendment and conditional use for the Banyan Bay Apartments. The conditional use was to permit a seven story building in the R-3 zone. The charter amendment referred to the view corridor in which the proposed structure is to be located. Upon receipt of this approval, the architect commenced production drawings. This being a seven story building, substantial time was necessary in order to complete these drawings. In early January the plans for this structure were submitted to ':tie City of Miami Building Department. Durinq the review of these plans, the Public Works Depart- ment indicated that a portion of a drainage easement crosses under the proposed building. We are currently speaking with people of the Public Works Department in an effort to resolve this. It is our intent merely to relocate the easement and the drainage pipe if necessary. The question that has arisen on this and which is presently being reviewed by Public Works is whether this easement relocation can be accomplished through a written instru- ment such as an easement agreement. We are pursuing this matter as expeditiously as possible. The Banyan Bay Apartments plan to commence construction on this additional building as expeditiously as possible. Upon issuance of a building permit or completion of the plan review, the project will be put out for bids. On 83-354" ,� :_.. ......ti•_.d .. �..� :.,-dXa�...;{;.gig.Ka.: t�n""�'1!!:';r.•'ti.w. :ti,,!a%�• .•;, .,7�-e- •lw' ....'v'4h'w+i,+r r-:.-...,..�,...:_s. 'e.�sa. .... ............ .. .. _ •• Mr. Howard V. Gary Page 2 January 31, 1983 this time schedule it is entirely possible that the six month limitation on the conditional use approval could lapse. Accordingly, I am requesting this matter be presented for consideration for an extension of the conditional use. Your attention to this matter is sincerely appreciated. Sincerely yours, J. J. DELLA PORTA, INC. Philip J. Ward PJW/dal i iir. Guillermo Frei: -as offercd the follo,.lin ? _solo ;ion and moved its adoption. RESOLL'TIOi1 TO GRANT CONDITIONAL USE AS LIST E IN ORDIiIA:10E 5$71, AR i ICL:, VII , SECTION 1 (5-D ) (c) TO PER,41T AN ADDITIONAL SEVEid-STGRY APART- MENT CO"IPLEY ON PORTIO*110- OF BANYAN BAY APART- MENT SUB. (q4-55) : FALLESIEN PARK 2ND A01.D. (4-19) : KIIIGHT' S ADDITION TO LE:ri:)I1 CITY (A-2) AND HL'R ST AND PIERATT SUB. (26-17) AS LISTED ON FILE IN THE PLAINNII"IG A11D ZONING ADMI117STRATIOI,1 DE PART:4E;1T; BEING 703 NE 53 STREET, WITH A HEIGHT OF 63' , WHICH IS AN ADDITIONAL ALLO�,A::CE IN ACCORD 'v'JITH THE CONDITIONAL USE PROVISION LISTED ABOVE; SUBJECT TO PROVIDING SUBSTANTIAL PLANTING IN LEGION PARK, ALONG THE SHORELINE WITH A VALUE OF $25,000 TO $30,000 AND WITH VOLUNTARY DEDICATIOiN OF THE N5' OF THE E% OF LOT 23; ZONED R-S (LO'a DEN SITY MULTIPLE) AND R-4 UNIEDI",-4 DEIISITY MULTIPLE) . THIS CONDITIONAL USE IS SUBJECT TO A CITY OF MIAMI CHARTER AMENDOIE:1T APPROVAL FOR VIE:1 CORRIDOR. Upon being; seconded by Mr. I'-Ioran-P.ibeaux, the motion was passed and adop,ed by the following vote. AYES: Ms. Baro and Basila = Messrs. Frei -as, Gort, Romero, Alfonso and iioran-Ribeaux. NAYES: None. ABSENT: None. Mr. Perez-Lugones: Motion carries 7-0. July 19, 19$2 Item lb Zoning Board 83-354 /7$ _•-,. - RESOLUTION NO82- 8 % 4 A RESOLUTION RECO1,124ENDING A MODIFICATION OF REQUIREMENTS, AS SET FOR-'H IN SECTION 3 (4) (b) OF THE CITY OF MIAMI CHARTER, CHAPTER 10847, SPECIAL ACTS, LAWS OF FLO- RIDA 1925, AS AME-NDED, TO PERMIT AN ADDI- TIONAL SEVEN -STORY APARTMENT BUILDING TO THE EXISTING BANYAN BAY APARTI•IEI4T COMPLEX, ON PORTIONS OF BANYAN BAY APARTMENT SUB (94-55)•: FALLESEN PARK 2I4D AMD. (4-19) ; KNIGHT'S ADDITION TO LEI -ION CITY (A-26); AND HURST AND PIERATT SUB (26-17) AS PER PLANS ON FILE, WITH REQUIRED AVERAGE SIDE YARDS AGGREGATE OF 143.92' (WHICH EQUALS 25% OF THE WATER FRONTAGE BASED ON AVERAGE LOT WIDTH; 37.24' OR 6.47% PROPOSED; AND SUBJECT TO APPLICANT'S PROFFER TO PROVIDE SUBSTANTIAL PLANTING IN LEGION PARK, ALONG THE SHORELINE, OF A VALUE ESTIMATED BE- TWEEN $25,000 AND $30,000; ZONED R-3 (LOW DENSITY MULTIPLE DWELLING) A14D R-4 (MEDIUM DENSITY MULTIPLE DUELLING). WHEREAS, the City of Miami Zoning Board, at its meeting of July 19, 1982, Item No. 1 (a) following an advertised hearing adopted Resolution No. ZB 126-82, by a 7 to 0 vote RECOI.24ENDING A MODIFICATION of the requirements as set forth in Section 3 (4) (b) of the City of Miami Charter Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, as hereinafter set forth; and WHEREAS, the City Commission has determined that the herein requested modification provides a public benefit that promotes a better urban environment and public advantages; WHEREAS, the City Commission deems it advisable and in the best interest of the'general welfare of the City of Miami and its inhabitants to grant a modification of the re- quirements, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. A modification of the requirements as set forth in Section 3(4) (b) of the City of Miami Charter, Chapter CttY COMMISSION MEETING OF SEP2 3 1982 f 0 10847, Special Acts, Laws of Florida, 1925, as amended, to permit an additional seven -story apartment building to the existing Banyan Bay Apartment Complex, on portions of Banyan Bay Apartments Sub (94-55); FALLESEN PARK 2ND AMD. (4-19); KNIGHT'S ADDITION TO LEMON CITY (A-26); AND HURST AND PIERATT SUB (26-17) AS PER PLANS ON FILE, WITH A REQUIRED AVERAGE SIDE YARDS AGGREGATE OF 143.92' (which equals 25% of the water front- age based on average lot width); 37.24' or 6.47% proposed; and subject to applicant's proffer to provide substantial planting in Legion Park, along the shoreline, of a value estimated between $25,000 and $30,000; zoned R-3 (Low Density Multiple) and R-4 (Medium Density Multiple Dwelling) is hereby granted. PASSED AND ADOPTED this �3 day of SEPTEMBER M4URICE A. FERRE 1AF URICE A. FERRE, MAYOR ATTEST: o6 0��. �_,C-� RAL0H G. ONGIE CITY CLERK PREPARED AND APPROVED BY: 1� t/094Aot., TERRY V. FERCY DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A SE R. GARCIA-PEDROSA TY ATTORNEY TVP:ia ,1982. -2- 82-8` it $3-354�