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PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 10-01096cm
Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION
OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING
A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT
("ZONING COVENANT") OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DATED MARCH 31, 1997 AND RECORDED IN
OFFICIAL RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1900 BRICKELL AVENUE, MIAMI,
FLORIDA, IN ORDER TO AMEND CERTAIN RESTRICTIONS OF THE
COVENANT.
Location: Approximately 1900 Brickell Avenue [Commissioner Marc David Sarnoff -
District 2]
Applicant(s): Carlos J. Gimenez, Esquire, on behalf of Dr. Jorge Suarez -Menendez,
Owner.
Zoning: T5-R Urban Center Zone (Miami 21)
R-3 Multifamily Medium -Density Residential (Ordinance 11000
Purpose: This will modify seven restrictions to the existing covenant and replace them
with the following: The use of the health clinic shall be limited to the extent
that no overnight stays will be allowed.
Finding(s):
Planning Department: Recommends denial.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: This item was continued on December 15, 2010 to a certain date of
January, 19th 2010
BECKER
POLIAKOFF
ADMINISTRATIVE OFFICE
3111 STIRLING ROAD
FORT LAUDERDALE, FL 33312
954.9877550
W W W. B ECKER-PO LIAKO FF.COM
BP@BECKER-POLIAKOFF.COM
FLORIDA OFFICES
BOCA RATON
FORT MYERS
FORT WALTON BEACH
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MIAMI
NAPLES
ORLANDO
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TALLAHASSEE
TAMPA BAY
WEST PALM BEACH
U.S. & GLOBAL OFFICES
NASSAU
NEW YORK CITY
PARIS*
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TEL AVIV*
* by appointment only
July 1, 2010
VIA HAND DELIVERY
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Department of Hearing Boards
444 S.W. 2nd Avenue, 7th Floor
Miami, Florida 33130
121 Alhambra Plaza, loth Floor
Coral Gables, Florida 33134
Phone: (305) 262-4433 Fax: (305) 442-2232
Reply To:
Coral Gables
Carlos J. Gimenez, Esq.
Direct dial: (305) 350-1084
CGimenez@becker-poliakoff.com
f = s 1, .. Y u
Re: Request for Modification to Declaration of Restrictions in connection
with that certain property located at 1900 Brickell Avenue, bearing
the folio number 01-4139-001-2210 (the "Property") (more
particularly described in the attached Exhibit "A")
Dear Mr. Rodriguez:
Our firm represents the owner of the above -referenced Property, Dr. Jorge
Suarez -Menendez, (the "Owner") in connection with this request. On January 23,
1997, the City Commission approved Resolution No. 97-73, granting a Special
Exemption to permit a Health Clinic (Medical Office) in connection with the
Property. Along with the Special Exception, a Declaration of Restrictive
Covenants (the "Declaration"), a copy of which is attached hereto as Exhibit "B",
was proffered by the Owner, and accepted by the City Commission, which
included several use restrictions, specified in detail below:
Current Use Restrictions
(1) The use of the health clinic would be limited to consultation for plastic
surgery, as an outpatient facility only, with no overnight stays and no
surgical or other medical procedures occurring on the Property;
(2) The hours of operation of the health clinic would be from 9:00 am to
6:00 pm;
(3)
There would be no transfer of title or interest in the property or in the
heath clinic without prior City Commission approval;
LEGAL AND BUSINESS STRATEGISTS
MEMBERS OF CONSULEGIS AN INTERNATIONAL ASSOCIATION OF LAW FIRMS AND NETWORK OF LEADING LAW FIRMS
Mr. Anel Rodriguez
Administrative Assistant II
July 1, 2010
Page 2
(4) No changes made to the use of the Property or to the exterior or interior of the
building or the remainder of the Property without prior City Commission approval;
(5) The practice shall be limited to no more than three persons: the surgeon, one nurse,
and one clerical person;
(6) No overflow parking on the grass; and
(7) Parking spaces at the facility shall be limited to the 12 spaces reflected in the site
plan, of which 8 shall be paved and four shall be "turf block" grass.
Request for Modification
The Owner is requesting that the City remove all the above -referenced Restrictions, and
replace same with the following:
(1) The use of the health clinic shall be limited to the extent that no overnight stays will
be allowed.
Attached as Exhibit "C", please see the proposed Modified Declaration of Restrictive
Covenants (the "Modified Declaration") and a red lined comparison of the Declaration and the
Amended Declaration as Exhibit "D". We hereby request that this proposed modification be
scheduled on the next available City Commission agenda.
Respectfully submitted,
Carlos-Oimenez For the Firm
cc: Dr. Jorge Suarez -Menendez
Rafael Suarez -Rivas
Roberto Lavernia, Planning Department
Lourdes Slayck, Zoning Administrator
ACTIVE: 2939778 1
Exhibit "A"
Property Address
1900 Brickell Avenue
Property Folio Number
01-4139-001-2210
Property Owner
Dr. Jorge Suarez Menendez owns 100% interest in the subject Property, and he does not own any
additional properties located within 500 feet of the subject Property.
Legal Description
This Property described as: The Southwest 180.0 Feet of Lot 21, in Block A "Flagler", according
to the Plat thereof, as recorded in Plat Book 5, Page 44, of the Public Records of Dade County,
Florida, More particularly described as:
Begin at the mort southerly corner of Lot 21, Northwest along the Southwest Boundary Line of
Lot 21 for 180.0 Feet; Northeast Parallel with and 100.0 Feet Northwest from the Northwest
Boundary Line of Brickell Avenue for 100.0 Feet to the Northeast Boundary Line of Lot 21;
Southeast Along the Northeast Boundary Line of Lot 21 for 180.0 Feet to the Northwest
Boundary Line of Brickell Avenue; Southwest Along the Northwest Boundary Line of Brickell
Avenue and Along the Southeast Line of Lot 21 for 100.0 Feet to the Point of Beginning.
ACTIVE: 2981029 1
BOUNDARY SURVEY
Property Address:
1900 BRICKELL AVENUE, MIAMI, FLORIDA 33129
LEGAL DESCRIPTION:
SEE SHEET 2 OF 3
SURVEYOR'S NOTES:
1) The above captioned Property was surveyed and described based on the above Legal
Description: Provided by Client.
2) This Certification is only for the lands as described. It is not a certification of Title, Zoning,
Easements, or Freedom of Encumbrances. ABSTRACT NOT REVIEWED.
3) There may be additional Restrictions not shown on this survey that may be found in the Public
Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine
recorded instruments, if any affecting this property.
4) Accuracy:
The expected use of the land, as classified in the Minimum Technical Standards (61G17-6FAC),
is "Residential High Risk". The minimum relative distance accuracy for this type of boundary
survey is 1 foot in 10,000 feet. The accuracy obtained by measurement and calculation of a
closed geometric figure was found to exceed this requirement.
5) Foundations and/or footings that may cross beyond the boundary lines of the parcel herein
described are not shown hereon.
6) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and
Mapper. Additions or deletions to survey maps or reports by other than the signing party or
parties are prohibited without written consent of the signing party or parties.
7) Contact the appropriate authority prior to any design work on the herein -described parcel for
Building and Zoning information.
8) Underground utilities are not depicted hereon, contact the appropriate authority prior to any
design work or construction on the property herein described. Surveyor shall be notified as to any
deviation from utilities shown hereon.
9) The surveyor does not determine fence and/or wall ownership.
10) Ownership subjects to OPINION OF TITLE.
11) Type of Survey: BOUNDARY SURVEY.
12) North arrow direction and bearings are based on Recorded Plat Book 5 at Page 44 of the Public
Records of Dade County, Florida.
13) Elevations are based on the National Geodetic Vertical Datum of 1929.
14) Bench Mark Used: # N-22 of Dade County, FL. * Elev. = +18.28'
15) Flood Zone: "X" Base Flood Elev.: N/A as per Dade County, Florida. FEMA Panel Number:
120650-0314-L-SEPTEMBER 11, 2009
16) This PLAN OF SURVEY has been prepared for the exclusive use of the entities named hereon.
The Certificate does not extend to any unnamed party:
A.)
SURVEYOR'S CERTIFICATE:
I Hereby Certify to the best of my knowledge and belief that this drawing is a true and
correct representation of the BOUNDARY SURVEY of the real property described hereon.
I further certify that this survey was prepared in accordance with the applicable provisions
of Chapter 61G17-6, Florida Administrative Code.
Field Date: May 25, 2010
Job# RP-10-396
Pablo J. Alfonso P.S.M.
Professional Surveyor & Mapper
State of Florida Reg. No.5880
f4 INar
LAND SURVEYORS, I N D.
6175 NW 153`d STREET, SUITE 321, MIAMI LAKES, FLORIDA 33014
Phone: 305-822-6062 * Fax: 305-827-9669
Page 1 of 3
FAI3OUNDARY-SURVEY-NOTES\OOBOUNDARY-MIAMI-DADE-NTS.doc
LEGAL DESCRIPTION:
The Southeast 180 feet of Lot 21, in Block A, of "FLAGLER", according to the plat thereof as
recorded in Plat Book 5, at Page 44, of the Public Records of Miami -Dade County, Florida, more
particularly described as:
Begin at the most Southerly corner of Lot 21, Northwest along the Southwest boundary line of Lot
21 for 180 feet; Northeast parallel with and 180 feet Northwest from the Northwest boundary line of
Brickell Avenue for 100 feet to the Northeast boundary line of Lot 21; Southeast along the
Northeast boundary line of Lot 21 for 180 feet to the Northwest boundary line of Brickell Avenue;
Southwest along the Northwest boundary line of Brickell Avenue and along the Southeast
boundary line of Lot 21 for 100 feet to the Point of Beginning.
1 N
L A N D SURVEYORS, I N C.
6175 NW 153`d STREET, SUITE 321, MIAMI LAKES, FLORIDA 33014
Phone: 305-822-6062 * Fax: 305-827-9669
Page 2 of 3
FABOUNDARY-SURVEY-NOTES10080UNDARY MIAMI-DADE-NTS.doc
BOUNDARY SURVEY
SCALE: 1" = 30'
9D•
N
4_6'
4.1'
4.0'
VN0019-ZZ101
PUNT OF BEGINNING
MOST SOUTHERLY CORNER OF
LOT 21, BLOCK A 1.3.
RP. 1/2"
No I.D.
FlP. 1/2"
No I.B.
CO-- —
BLOCK CORNET
1950.00'
REMAINDER OF LOT 21 — BLOCK A
5.9' PARKWAY NORTHWEST BOUND
LAND 9URVEYCR90 INC.
PHONE: 305-822-6062 x FAX: 305-827-9669
6175 NW 153rd STREET SUITE 321
MIAMI LAKES FL. 33014
100.00'
0O.00xi9:TV
1RY UNE OF BRICKELLA
LEGEND
— ox — Overhead Wire Line
— //
x
Wood Fence
Chain Link Fence
Iron Fence
—I� — — — Monument Line
— Centerline
Prcperty Line
C.B.S.
V//////2
YENUE,'
cS'
• + =Existing Elevations
EN =Catch Basin
CM =Water Meter
® =Electric Box
® .Sanitary Manhole
1AI =Sprinkler Pump
`C2.o =Woad Pole
® =Conc. Pale
X =Light Pole
qo =Fire Hydrant
A =Water Valve
=Inlet
=Florida Power
Light Transformer
1RBI
FlP. 1/2"
No I.D.
0.6'
O
0.3'
n FlP. 1/2"
No I.D.
A/C=Air Conditioner
Conc. =Concrete
C.B.S. =Concrete Block & Stucco
D.E. =Drainage Easement
D.M.E: Drainage Maintenance
Easement
F.F.E. =Finish Floor Elevation
F.I.P. =Found Iron Pipe/Pin
F.I.R. =Found Iran Rebar
F.N. =Found Noll
F.N&D =Found Nail & Disc
L.M.E. =Lake Maintenance
Easement
(M) =Measured
(P) =Platted
(R) =Record
Res. =Residence
SIP/R =Set Iran Pin/Rebar
U.E. =Utility Easement
V N0018 - OZ 101
A=Arc
BRD=Bearing
CH=Chard
6=Delta
L=Length
R=Radius
T=Tangent
Page 3 of 3
J-96-1147(b)
1/23/97
RESOLUTION NO . 9 7 - 73
A RESOLUTION, WITH ATTACHMENT(S), REVERSING
THE DECISION OF THE ZONING BOARD AND THEREBY
GRANTING A SPECIAL EXCEPTION REQUIRING CITY
COMMISSION APPROVAL, AS LISTED IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, R-3 MULTI -FAMILY
MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL
PRINCIPAL USES, TO PERMIT A HEALTH CLINIC
(MEDICAL OFFICE) FOR THE PROPERTY LOCATED AT
1900 BRICKELL AVENUE, MIAMI, FLORIDA (THE
"PROPERTY"), ZONED R-3 MULTI -FAMILY MEDIUM -
DENSITY RESIDENTIAL, PER PLANS ON FILE,
SUBJECT TO THE FOLLOWING CONDITIONS, ALL OF
WHICH SHALL BE INCLUDED IN A RECORDED
COVENANT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY: (A) THE HEALTH CLINIC (MEDICAL
OFFICE) SHALL BE USED ONLY FOR CONSULTATION
RELATING TO PLASTIC SURGERY; NO MEDICAL OR
SURGICAL PROCEDURES OF ANY KIND SHALL BE
PERFORMED ANYWHERE ON THE PROPERTY; (B) THERE
SHALL BE NO OVERNIGHT STAYS IN THE FACILITY;
(C) THE CONSULTATION AT THE HEALTH CLINIC
(MEDICAL OFFICE) SHALL OCCUR BETWEEN THE
HOURS OF 9:00 A.M. TO 6:00 P.M. ONLY; (D) AT
NO TIME MAY PROPERTY OWNER MAKE ANY CHANGES
TO THE EXTERIOR OF THE BUILDING OR THE SITE
PLAN WITHOUT PRIOR CITY COMMISSION APPROVAL
AT A PUBLIC HEARING, ALL EXPENSES OF WHICH
SHALL BE BORNE BY THE PROPERTY OWNER; (E)
THE TITLE TO THE PROPERTY SHALL NOT BE
TRANSFERRED WITHOUT PRIOR APPROVAL OF THE
COMMISSION AT A PUBLIC HEARING, ALL EXPENSES
OF WHICH SHALL BE BORNE BY THE PROPERTY
OWNER; (F) THERE SHALL BE NO MORE THAN THREE
PERSONS EMPLOYED BY THE HEALTH CLINIC
(MEDICAL OFFICE): THE PROPERTY OWNER/PLASTIC
SURGEON, ONE NURSE, AND ONE CLERICAL PERSON;
(G) THERE SHALL BE NO OVERFLOW PARKING ON
THE GRASS; AND (H) PARKING AT THE FACILITY
SHALL BE LIMITED TO THE TWELVE (12) PARKING
SPACES PRESENTLY REFLECTED ON THE SITE PLAN,
OF WHICH EIGHT SHALL BE PAVED AND FOUR SHALL
BE "TURF -BLOCK" (GRASS).
ATTACHM T (S)
(011TAIINED
CITY COMMISSION
MEETING OE
JAN 23 1997
Resolution No.
9 4 ` 73
WHEREAS, the Miami Zoning Board at its meeting of
September 16, 1996, Item No. 5, duly adopted Resolution
No. ZB 106-96 by a six to three (6-3) vote, denying a special
exception as hereinafter set forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the special exception as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter, and notwithstanding the decision of the Zoning
Board, finds that the application for a special exception meets
the applicable requirements of Zoning Ordinance No. 11000, as
amended, and deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to
approve the special exception and to reverse the decision of the
Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Zoning Board to deny a
Special Exception requiring City Commission approval, as
listed in Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, Article 4,
Section 401, R-3 Multi -Family Medium -Density Residential, to
permit a health clinic (medical office) for the property
- 2 -
97- 73
eel
located at 1900 Brickell Avenue, Miami, Florida, legally
described in Exhibit "A" attached hereto and made a part
hereof, zoned R-3 Multi -Family Medium -Density Residential, per
plans on file, is hereby reversed and the Special Exception is
hereby granted, subject to the following conditions, all of
which shall be included in a recorded covenant in a form
acceptable to the City Attorney: (a) the health clinic
(medical office) shall be used only for consultation relating
to plastic surgery; no medical or surgical procedures of any
kind shall be performed anywhere on the property;; (b) there
shall be no overnight stays in the facility; (c) the
consultation at the health clinic (medical office) shall occur
between the hours of 9:00 A.M. to 6:00 P.M. only; (d) at no
time may property owner make any changes to the exterior of
the building or the site plan without prior City Commission
approval at a public hearing, all expenses of which shall be
borne by the property owner; (e) the title to the property
shall not be transferred without prior approval of the
commission at a public hearing, all expenses of which shall be
borne by the property owner; (f) there shall be no more than
three persons employed by the health clinic (medical office):
the property owner/plastic surgeon, one nurse, and one
clerical person; (g) there shall be no overflow parking on
the grass; and (h) parking at the facility shall be limited to
the twelve (12) parking spaces presently reflected on the site
plan, of which eight shall be paved and four shall be "turf -
block" (grass).
- 3 -
97- 73
gm.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 23rd day of January 1997
CITY CLERK
PREPARED AND APPROVED BY:
NVW*,,cW\
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A. QU
CITY TTORN
W1179:GMM:AMK
III
- 4 -
JOE CAROLLO, MAYOR
97- 73
EXHIBIT "B"
Vie: t7[3 .
This Instrument Prepared Hy:
Robert W. Rodriguez, Esq.
' •.792 N.W. 42" ,Avenue, Suite 541
Miami, Florida 33126
97R 168Q20 1517 APR 17 14:26
. DECIAMAXXON OW BJESTRICTIVE COMNANT8
• THIS DECLARATION OF RESTRICTIVE COVENANTS ((hereinafter the
"Declaration") made this day, 3) of • 1991, by
Jorge Suarez-Menendea (hereinafter the "Owner"), is t,h favor of
the City of Miami, Florida, a municipality located within the
State of Flor1.da (hereinafter the "City') arid all property owners
located within 375 feet of Owner's property, as defined below.
WTNSETH
WHEREAS, the owner holds fee simple title to Certain
property located at 1900 Srickell 15.venue, Miami., Florida. and more
particularly described as:
The Southeast 180 feet of Lot 21 in 81oCk n.A,,, of FLp LEii,
acoording to the Plat thereof, as recorded in Plat Book 5, at
Page 44, of the Public Records of Dade county, Florida, and
described as:
Begin at Mast Southerly corner of Lot 21, Northwest along
SouttihWest boundary line of Lot 21, for 180 feet; Northeast
parallel with 100 feat Northwest from Northwest boundary line of.
Erickell Avenue for 100 feet . to Northeast boundary line of Lot.
21, Southeast along Northeast boundary line of Lot 21 for 180
feet to Northeast boundary line of Sricke11 WentiO and along
southeast boundary lane of Lot 21 Ior 100 feet to Point of
Beginning and
. .WHEREAS, the Owner is presently an applicant before the City
coirunission of the City of Miami, .Eor a aPecial exception to
rk 1?€D4' `3
permit a plastic,. surgeon's office; and
WHEREAS, . the Owner •is desirous of making a; b•in:ding
commitment to assure that the property shall be developed and
maintained in accordance with the provisions of this Declaration;
NOW THEREFORE, the Owner voluntarily covenants and agrees
that the Property sha11•be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land and binding upon the Owner of the Property, its
successors in interest and assigns, as follows:
P citaie. The recitals and findings.set forth in the
preamble.of this Declaration are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
2 •Use Limitations. Owner covenants that:
A. The use of the health clinic (medical office) shall
be limited to consultation for plastic surgery, only, as an
outpatient facility only, with no overnight stays acid no surgical
or other medical procedures occurring on the property:
R.•The hours of operation of the health clinic (medical
office) at the property shall be from 9:00 a.m. to•6:00 p.m.,
only;
C. These shall be no transfer of'title or interest in
the property or in the health clinic (medical office)
without prior city Commission approval after a public hearing,
all expenses of which public hearing shall be borne by the
practice
property: the property
clerical person;
F. There shall be no
G. Parking space's at
the twelve (12) parking spaces
plan, of which eight (8) shall
"turf block" (grass) spaces.
3. Eireatsvekbate. This instrument shall
property' owner;
D. No changes'shal1 be made to the use oh the property
or to the exterior or interior of the building or the remainder
oh the property without prior City Commission approval after a
public hearing, all expenses'of which public hearing shall be
borne by the property owner;
E. The practice shall be limited to no more than three
persons employed by the health clinic (medical office) at the
owner/plastic surgeon, one nurse,. and one
overflow parkingon the grass; and
the facilit / shall be limited. to
presently reflected on the site
be paved and four (4) shall be
constitute a
-covenant running with the land with the title to the Property and
be binding upon the Owner its successors and assigns upon
approval by the City Commission of a special exception to permit.
a plastic surgeon's ot.fice.
•
4.-33umLsiLAgmgmat. This voluntary cov'enar!'t ' on the part of
the Owner shall remain in full force and effect and shall be.
binding upon ,the Owner of the Property, its successors and
assigns for an initial period of thirty (30) years from the data
recorded in the public Records of Dade County,
this
instrument
is
1TO43T
pydrida and shell be automatically extended for successive
periods of ten (10) years thareafter.
5. InnugiaretiMi-and-rtnI2r65261111211t.
It is understood and agreed
that any official inspector of the City of Miami may have the
right, at any time during normal working hours, of entering and
investigating
the use of the Property to determine whether the
conditions of this Declaration and the requirements of the city
are being complied with. An action to enforce the terms and
conditions of this Declaration may be brought by the City or by
any property owner within 315 feet of the PropertYi by action at
law•or in equity against any party or person violating or
attempting to violate any covenants of this ueclaration or
provision of the building and zoning regulations either to
restrain violations or to recover damages• the prevailing party
in the action or suit shall be entitled to recover Costs and
reasonable attorney°s fees- This enforcement provision shall be
in addition to any other remedies available under the 9.aw.
This instrument may be
modified, amended or released as to any portion. of the property •
by a written instrument executed by the then owner(s) of the fee
simple title to the land to be affected by such modification,
approved bytk7.e
amendment or release, provided that same has been
City of Miami. City Commission at a public hearing, which public
hoaxing shall be applied for and at the expense of Owner. Should
MIAs instrument be so modified, amended or released. the pirectar
'T tl,,)IIO
CONSENT, OE MORTGAGEE SAND SUBORDINATION OP mamma=
The undersigned? holder of that certain Mortgage Deed from
J0rgpp Sure;-Menende; dated H1a4..1\ V A tiriri't- and
recorded. in Official Records Rook ** , at Page** _ . of
the Public Records of Dade County, Florida, as a<meh.ded,
encumbering the real property tobe subjected Co the foregoing
Declaration of Restrictive Covenants made by Jorge Suarez -
Menendez, in favor of the City of Miami, Florida, hereby consents
to said Declaration of Restrictive Covenants and agrees that the
lien of said mortgage deed sha],1 be subject and. subordinate to
the terms of said Declaration of Restrictive Covenants.
IN WITNESS WHEREOF, the undersigned has set his hand and
eel this 31 day of ttil H , 1997.
Firs ,nion National Bea of Florida
BY:
.fitness C
aluala
State of Florida
County of ,pade
I hereby certify that on this day, before met an officer
dt11,y authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared
to me known to be the person (s) described in and who executed the
foregoing Mortgage and he/she/they acknowledged before me that
he/she/they executed the same.
Witness my hand and officia s a1 in and State
last aforesaid this/ day of
TIC ez
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HARVEY RUVIN
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Printed Name
My Commission Expires:
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EXHIBIT "C"
The Instrument Prepared By:
Carlos J. Gimenez, Esq.
Becker & Poliakoff, P.A.
121 Alhambra Plaza, 10th Floor
Coral Gables, Florida 33134
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter the
"Declaration") made this day of , by Jorge Suarez -Menendez
(hereinafter the "Owner"), is in favor of the City of Miami, Florida, a municipality located within
the State of Florida (hereinafter the "City") and all property owners located within 375 feet of
Owner's property, as defined below.
WITNESETH:
WHEREAS, the Owner holds fee simple title to certain property located at 1900 Brickell
Avenue, Miami, Florida and more particularly described as:
The Southeast 180 feet of Lot 21 in Block "A", of FLAGLER,
according to the Plat thereof, as recorded in Plat Book 5, at
Page 44, of the Public Records of Dade County, Florida and
described as:
Begin at Most Southerly corner of Lot 21, Northwest along
Southwest boundary line of Lot 21, for 180 feet; Northeast
parallel with 180 feet Northwest from Northwest boundary line
of Brickell Avenue for 100 feet to Northeast boundary line of
Lot 21, southeast along Northeast boundary line of Lot 21 for
180 feet to Northeast boundary line of Brickell Avenue and
along Southeast boundary line of Lot 21 for 100 feet to Point of
Beginning; and
WHEREAS, the Owner is presently an applicant before the City Commission of the City
of Miami, for a special exception to permit a plastic surgeon's office; and
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be developed and maintained in accordance with the provisions of this
Declaration;
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the following restrictions that are intended and shall be deemed to be covenants
running with the land and binding upon the Owner of the Property, its successors in interest and
assigns as follows:
1. Recitals. The recitals and findings set preamble of this Declaration are hereby
adopted thereto and incorporated herein as it fully set Section.
2. Use Limitations. Owner covenants that:
A. The use of the health clinic (medical office) shall be limited to the extent
that no overnight stays are allowed.
3. Effective Date. This instrument shall constitute a covenant running with the land
with the title to the Property and be binding upon the Owner its successors and assigns upon
approval by the city Commission of a special exception to permit a plastic surgeon's office.
4. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner of the Property, its
successors and assigns for an initial period of thirty (30) years from the date this instrument is
recorded in the Public Records of Miami -Dade County, Florida and shall be automatically
extended for successive periods of ten (10) years thereafter.
5. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right, at any time during normal working hours, of
entering and investigating the use of the Property to determine whether the conditions of this
Declaration and the requirements of the City are being complied with. An action to enforce the
terms and conditions of this Declaration may be brought by the city or by any property owner
within 375 feet of the Property, by action at law or in equity against any party or person violating
or attempting to violate any covenants of this Declaration or provision of the building and zoning
regulations either to restrain violations or to recover damages. The prevailing party in the action
or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement
provision shall be in addition to any other remedies available under the law.
6. Amendment and Modification. This instrument may be modified, amended or
released as to any portion of the property by a written instrument executed by the then owner(s)
of the fee simple title to the land to be affected by such modification, amendment or release,
provided that same has been approved by the City of Miami City Commission at a public
hearing, which public hearing shall be applied for and at the expense of Owner. Should this
instrument be so modified, amended or released, the Director of the Community Planning and
Revitalization Department, or his successor, shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment or release.
7. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
8. Recording. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the cost of the Owner.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
WITNESS JORGE SUAREZ-MENENDEZ
WITNESS
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I hereby certify that on this day, before me, on officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared
JORGE SUAREZ-MENENDEZ
To me known to be the person(s) described in and who executed the foregoing Mortgage and
he/she/they acknowledged before me that he/she/they executed the same. Witness my hand and
official seal in the County and State last aforesaid this day of
My Commission Expires:
ACTIVE: 014810/301602:2924640_1
Notary Signature
Printed Name
EXHIBIT "D"
The Instrument Prepared By:
Carlos J. Gimenez, Esq.
Becker & Poliakoff, P.A.
121 Alhambra Plaza, l Oth Floor
Coral Gables, Florida 33134
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter the
"Declaration") made this day of , by Jorge Suarez -Menendez
(hereinafter the "Owner"), is in favor of the City of Miami, Florida, a municipality located within
the State of Florida (hereinafter the "City") and all property owners located within 375 feet of
Owner's property, as defined below.
WITNESETH:
WHEREAS, the Owner holds fee simple title to certain property located at 1900 Brickell
Avenue, Miami, Florida and more particularly described as:
The Southeast 180 feet of Lot 21 in Block "A", of FLAGLER,.
according to the Plat thereof, as recorded in Plat Book 5, at
Page 44, of the Public Records of Dade County, Florida and
described as:
Begin at Most Southerly corner of Lot 21, Northwest along
Southwest boundary line of Lot 21, for 180 feet; Northeast
parallel with 180 feet Northwest from Northwest boundary line
of Brickell Avenue for 100 feet to Northeast boundary line of
Lot 21, southeast along Northeast boundary line of Lot 21 for
180 feet to Northeast boundary line of Brickell Avenue and
along Southeast boundary line of Lot 21 for 100 feet to Point of
Beginning; and
WHEREAS, the Owner is presently an applicant before the City Commission of the City
of Miami, for a special exception to permit a plastic surgeon's office; and
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be developed and maintained in accordance with the provisions of this
Declaration;
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the following restrictions that are intended and shall be deemed to be covenants
running with the land and binding upon the Owner of the Property, its successors in interest and
assigns as follows:
1. Recitals. The recitals and findings set preamble of this Declaration are hereby
adopted thereto and incorporated herein as it fully set Section.
2. Use Limitations. Owner covenants that:
A. The use of the health clinic (medical office) shall be limited to
consultation for plastic surgery, only, as an outpatient facility only, with the extent that no
overnight stays and no surgical or ether medical- rocedures-e g -y; re
allowed.
a.m. to 6:00 p.m., only;
There shall be no transfer of title or interest in the property or in the health clinic (medical office)
l
public hearing shall be borne by the forth in the by reference forth in this property owner;
No changes shall be made to the use of the property or to the exterior or interior of the building
all -exile +ic herein., shalt be bore by tt, ;roperty owner;
The practice shall be limited to no more than three persons employed by the health clinic
(medical office) at the property: the property owner/plastic surgeon, one nurse, and one clerical
person;
There shall be no overflow parking on the grass; and
Parking spaces at the facility shall )e 'imited—te—the—twek —( )--pail4rig spaces presently
(grass) spaces.
3. Effective Date. This instrument shall constitute a covenant running with the land
with the title to the Property and be binding upon the Owner its successors and assigns upon
approval by the city Commission of a special exception to permit a plastic surgeon's office.
4. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner of the Property, its
successors and assigns for an initial period of thirty (30) years from the date this instrument is
recorded in the Public Records of Miami -Dade County, Florida and shall be automatically
extended for successive periods of ten (10) years thereafter.
5. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right, at any time during normal working hours, of
entering and investigating the use of the Property to determine whether the conditions of this
Declaration and the requirements of the City are being complied with. An action to enforce the
terms and conditions of this Declaration may be brought by the city or by any property owner
within 375 feet of the Property, by action at law or in equity against any party or person violating
or attempting to violate any covenants of this Declaration or provision of the building and zoning
regulations either to restrain violations or to recover damages. The prevailing party in the action
or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement
provision shall be in addition to any other remedies available under the law.
6. Amendment and Modification. This instrument may be modified, amended or
released as to any portion of the property by a written instrument executed by the then owner(s)
of the fee simple title to the land to be affected by such modification, amendment or release,
provided that same has been approved by the City of Miami City Commission at a public
hearing, which public hearing shall be applied for and at the expense of Owner. Should this
instrument be so modified, amended or released, the Director of the Community Planning and
Revitalization Department, or his successor, shall execute a written instrument in recordable
form effectuating and acknowledging such modification, amendment or release.
7. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
8. Recording. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the cost of the Owner.
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
WITNESS JORGE SUAREZ-MENENDEZ
WITNESS
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I hereby certify that on this day, before me, on officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared
JORGE SUAREZ-MENENDEZ
To me known to be the person(s) described in and who executed the foregoing Mortgage and
he/she/they acknowledged before me that he/she/they executed the same. Witness my hand and
official seal in the County and State last aforesaid this day of
My Commission Expires:
ACTIVE: 0-1181-0/-30-1-602:2-924634-1--014810/301€02.2924640 1
Notary Signature
Printed Name
. Fistula to: Cando.. e.11•adN.uM .uniml 4;14440 ;
lawn:
L. n, I .r • naafi nfca;Js COCK
. •N..I1411. . �'�N '. I f' 10A
III.1:•1tll, yI•A'S.1 I.
I IARVEY RUVIN
t:r•r rrh LD+r:I n1 COURT
Th. lo.numanl Pupated by;
J. James Donnellan, III, Esq.
• Adel...:
M199 a0m0.BrFi Ycke l'l1 Avenue
PPairaw M)dal.ilirPoto llliZ c.eon (Togo Hun6.t,. f:
Folio No. 01-4139-001-2210
Gram..l.lS.I.11d .
Addl.N:
et
11
93
PACE MOVI TM UNE /OA /0.0C11:98G DATA
WAMANTY D(ID
9AA73. TO a1n1Yo.
RJ
j
°FF17582?C1451
REC,
•• WOO ro101N0.111
97R 1737412 1997 MAR 31 15:11
DOCSTPDEE 3d,50.00 SURTX 2,537.50
HARVEY.RUVINt CLERK DADE COUNTY, 'FL
PACT MOW TSB tan PDQ INC011DMG DATA
� IS Parratritgp&1, Made the 31 day, of March
J. JAMES DONNELLAN, III and JUDITH M. DONNELLAN, his wife
hereinafter called the Grantor, to JORGE SUAREZ MENENDEZ
whose postoffice address is p.o. Box 143256, Coral Gables, FL 33144-3256
hereinafter called the Grantee.
CM•rWwog honk torgre ,y. ill IM iY .,�d+a .r<a w , oom" mg 4n.ji a. Wale ra.ev..i `widow oho mo.�•Wel. go g,.g++)•w+••a
fuir ISA T, That the Grantor, for and in consideration oldie senor of $ 10 .00 and other
valuable considerations, receipt whereof Is hereby acbsowk4 d. hereby grants, bares sae, alien, remises,
releases, conveys and confirms unto the Grantee,all that certain lad, striate in Dade
County, State of Florida
The Southeast 180 feet of Lot 21, in Block A, of FLAGLER, according to the Plat
thereof, as recorded in Plat Book 5, at Page 44, of the Public Records of Dade
County, Florida, more particularly described as:
Begin at the most Southerly corner of Lot 21, Northwest along the Southwest boundary
line of Lot 21 for 180 feet; Northeastparallel with and 180 feet Northwest from the
Northwest boundary line of Brickell Avenue for 100 feet to the Northeast boundary
line of• Lot 21; Southeast along the Northeast boundary line of Lot 21 for 180 feet
to the Northwest boundary line of Brickell Avenue; Southwest along the Northwest
boundary line of Brickell Avenue and along the Southeast boundary line of Lot 21
for 100 feet to the Point'of Beginning. SUBJECT TO conditions, restrictions,
limilations and easements of 'record and to taxes for the year 1997 and subsequent ye
OJagdk}rr, with all the tenements, heredltaments and appurtenances:hereto belonging or in anywise appertaining.
$Ca gttfrt rash to 31b, the same in fee simple forever,
jkitb the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land!: free of all
encumbrances, except taxes accruing subsequent to December 31, 1996 ,
In Pirtirt1115 ilitfitrrzf, she said Grantor has signed and sealed these presents the day and year first above
written.
Signed, s •led and delivered in the presence of.
wbwa Stpamw M t9
PAHA
Nb.0 Nmaw. (ag to Dog Ornta)
fr'OfeZ its rF Ad G. /4,/s es- .tr� F
i.J
atp.rn
14,4 �4!/ gyp+e.01 M4
Wiwi* Swat. (se to Co•Ocierw, 1av)
LEA
NNW Now
,1997 ,
slaaae
•e..� err , J. James Donnellan, llan, III
Mood Moo
9850 S.W. 96 Street, Miami, FL 33176
Pat ORIN Aitken
:Oie.rr STOMA YINT
udlth M: Donnellan
SYa.MNwr
9850 S,W. 96' Street, Miami. FI, 33176'
►.st Ofan Aaar
STATE OF ) LOR7 DA ) I hereby Certify that ea Als day, baba no. u ergot duly wthotised
COUNTY OF • •DADE ) to denials/At osA, zed take sckaowledpaeaU, porsomBy appund
. .1. JAMES DONNELLAN, III 'and JUDITH M. DONNELLAN •• , 1 '
' koowo to me to be the pemoaq • described la sad who cxecuted'Ihe (oretoiat Lsu unreal, who sakaowledpd before me that they
cxeculed the same, sod to oath was got taken. (Chock one:) 0 Siid penoa(.) Wan persoully ksowa b tad, 0 Said permits) provided the follow(,{
• type of identification;
NOTARY AU11ta STAMP MAL
OFFICIAL NOTARY SEAL
• DENISE L MASCAY
NOTARY PUBLIC STATE OF FLORIDA
' COMMISSION NO. CC492297
MYCOMMISSION FJ(P. SEPT 7,1999
Wka.uu my hand zed official seal la the Cousty ad Stets Cut elomaid Ala
_ 1 day of March AD 147
v Z.• )
• 1' en'se 1 H t3 Sid t
gran Na.+ay Nagar.
ra.
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Carlos J. Gimenez,
Esq. , who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public
hearing application as required by the Code of the City of Miami, Florida, affecting the
real property located in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete
permission for him/her to act in his/her behalf for the change or modification of a
classification or regulation of zoning as set out in the foregoing petition, 0 including or
0 not including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current
names, mailing addresses, telephone numbers and legal descriptions of the real
property of which he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in
conjunction with this affidavit, are true and correct.
Further Affiant sayeth not.
Carlos J. Gimenez, Esq.
Applicant(s) Name
pplicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I,,,, ,,
T e foregoing asackr„ w dged before me this day of
20 .O , by Wl� ,. MZ
who s a(n) individual/partner/agent/corboration of a(n) individua artne shi /c rporation. He/She is personally known to me or who
has produced aids identification and who did (did not take an oath.
(Stamp)
- ANELRODRIGUEZ
r MY COMMISSION # DD 681036
= •.;; EXPIRES: June 12, 2011
49f o BondedThru Notary Public Underwriters
Rev. 01-09-09
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of all parties having a financial interest, either
direct or indirect, with respect to a presentation, request or petition. Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if necessary.
Owner's Name(es) See attached Exhibit "A"
Percentage of Ownership 100%
Subject Property Address(es) See attached Exhibit "A"
2. List all street address(es) and legal description(s) of any property located within 500 feet
of the subject property owned by any and all parties listed in question #1 above. Please
supply additional lists, if necessary.
Street Address(es):
See attached Exhibit "A"
Carlos J. Gimenez, Esq.
Owner(s) or Attorney Name
Legal Description(s):
See attached Exhibit "A"
Owner(s) or Attorney Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing �y.�s ck�no e�.ged before me this day of
20 (0 by C,G�'vI , (j(VVIPA1e2 ' •
who is a(n) iu ii i�du�al/partner/agent/corpot1atioiiof
a(n) individual/ artner h' /cq\rporation. He/She is personally known to me or who
has produced Ofi110�s identification and who did (di i not take an oath.
(Stamp)
, vIg i ANEL RODRIGUEZ
*r �•• •:A. MY COMMISSION # DD 681036
j J•' EXPIRES: June 12, 2011
4f Bonded Thor Notary Public Underwriters
Signatu
Rev. 01-09-09
CITY OFMIAMI
4,,,,,, ,,,,,,as DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
'`',9 SUPPORT OR WITHHOLD OBJECTION
�,1'yt',UYyil:
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) onthe
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME: Dr. Jorge Suarez Menendez
(First Name) (Middle) (Last Name)
HOME ADDRESS: Post Office Box 143256
(Address Line 1)
Coral Gables, Florida 3.3114
(Address Line 2)
CITY: Miami STATE: Florida ZIP: 3 3 1 14
HOME PHONE: CELL PHONE: FAX:
EMAIL:
BUSSINESS or APPLICANT or ENTITY NAME
Dr. Jorge Suarez Menendez
BUSINESS ADDRESS: 1900 Brickell Avenue
(Address Line 1)
Miami, Florida
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Request to Modify Previously.Recorded Declaration oE.Restrictive
Covenants Before the City Commission.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES X NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. N/A
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
N/A
5. Describe what is being requested in exchange for the consideration.
N/A
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or. order.
PERSON SUBMITTING DISCLOSURE: r� /i G" ''
OTARY PUBLIAM. BLIC CAPII CZ
NOTARY / Dr. Jorg Suarez Menendez
N
• FFY� STATE OF FLORIDA
'• Comm# DD0953410
Expires 3/2/2014
Sworn to and subscribed before me this 7,74
Print Name
/ l
k ay of k , 200 /Ct . The foregoing
instrument was crcicnowledged before nil f
as identi icatioirn
by , who has produced
or 1 ,e me and who did/did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI /
i l
-
MY COMMIS 1 N
EXPIRES: off- [
Notary/
M , UP m it el ti, e
Print Name
Enclosure(s)
Doc. No.:86543 Page 2