HomeMy WebLinkAboutApplication & Supporting DocumentsAkerman
June 13, 2012
Mr. Anel Rodriguez, Administrator
Office of Hearing Boards
City of Miami
444 SW 2nd Avenue, 7th Floor
Miami, FL 33130
Javier E. Fernandez
Associate
Akerman Senterfitt
One Southeast Third Avenue
Suite 2500
Miami, FL 33131-1714
Tel: 305.374.5600
Fax: 305.374.5095
Re: Special Appearance Application - Request for Release of Declaration of Restrictive.
Covenants - 5808 NE 4th Court, Miami, FL (the "Property")
Dear Mr. Rodriguez:
Our firm represents Al D'Eca & Associates Investments, Inc. (hereinafter, the "Applicant") in the
above referenced matter. This letter will serve to replace our prior correspondence dated May 31, 2012.
On or about June 10th, 1996, the Owner's predecessor in interest and the City of Miami ("City")
executed a Declaration of Restrictive Covenants ("Covenant"), which sought to: (i) ensure the
preservation of the Property as a historical landmark and (ii) its operation in compliance with all local
governing laws and regulations. Thereafter, on or about September 13, 1999, the Applicant acquired the
Property and undertook a pain -staking restoration of the structure to ensure its preservation and safe
occupancy. During the past 13 years, the Property has served as the home of a neighborhood -serving,
commercial enterprise and has been operated in full compliance with all local governing laws and
regulations.
•
As has been the case for many business owners, the Applicant has experienced serious financial
difficulties in the wake of the recent economic downturn. To that end, the Applicant has attempted to
refinance their existing mortgage in order to improve their economic position and ensure the Property's
continued maintained in accordance with the requirements of the Covenant. Certain provisions of the
Covenant, specifically the contingent liability referenced in Section 5, have made it impossible for the
Applicant to procure new financing, thus requiring them to pay interest on their outstanding debt at a rate
significantly above current market rates. This additional debt service burden threatens the Applicant's
ability to maintain the Property as the Property's commercial viability continues to deteriorate.
Since the date of our original filing, the Historic and Environmental Preservation Board ("HEP
Board") has approved the preliminary designation of the Property as a historic resources, pursuant to the
akerman. com
{24324950;2}
Mr. Anel Rodriguez
June 13, 2012
Page 2
r,L4
authority provided it under Chapter 23 of the City Code. The designation will serve replace the other
intended purpose of the Covenant, which was to ensure the Property's continued preservation as a historic
landmark. Final designation of the Property is scheduled for consideration at the July 3, 2012, meeting of
the HEP Board. The Applicant did not register any objection to the preliminary designation and does not
intend to note any objection to the Property's designation at the July 3`d hearing.
Pursuant to the requirements of Section 6 of the Covenant, the Applicant respectfully requests the
Commission's approval of the proposed release of the Covenant. Given the Applicant's stellar code
compliance record, their past and continuing efforts to preserve the Property, and the pending designation
of the same as a historic resource, we trust the City Commission look favorably upon this request to
release the Covenant in light of the fact that changed circumstances no longer warrant its continued
imposition.
Sincerely,
Javier E. Fernandez
Associate
cc: Francisco Garcia, Director, Planning & Zoning Department
Barnaby Min, Zoning Administrator
Alexander Adams, Historic Preservation Officer, Planning & Zoning Department
Augusto Maxwell, Esq., Akerman Senterfitt
Sabrina d' Eca, Al D Eca & Associates Investments, Inc.
{24324950;2}
SPECIAL APPEARANCE APPLICATION
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearinq boards
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
The deadline to file the complete application with supporting documents is the last five working n ;a
days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm.
The application submittal date is the date stamped by Hearing Boards' staff on this page.
The responses to this application must be typed and signed in black ink. All pertinent and
accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the
time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the
information contained in the application and all supporting materials. Should you wish, you
could bring the materials to our office for review prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (8%x11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning;
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support Or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Applications given to customers do not constitute action from the City of Miami without plans
review and written comments from the Office of Zoning.
{24323636;1 }Rev. 03-2012 1
SPECIAL APPEARANCE APPLICATION
1 Applicant(s): Al D'eca & Associates Investments, Inc.
2. Subject property address(es) and folio number(s): 5808 NE 4th Ct; 01-3218-038-0170
3. One (1) original survey dated within six (6) months from the date of application prepared by a State
of Florida registered land surveyor.
4. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or
engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
5. After Hearing Boards, Public Works, Zoning and Planning initial and date the plans, two (2) 11 x17"
and one (1) 8'/x11" copies of the original plan, including the survey.
6. Current Zoning Referral and Write -Up signed by the Office of Zoning designee.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
17. What is the acreage of the project/property site? Approximately 14,486 sq.ft./0.33 acres
18. What is the purpose of this application/nature of proposed use? Modification/release of a covenant
{24324684; I }Rev. 03-2012 2
SPECIAL APPEARANCE APPLICATION
19. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning and Zoning Department on the 3rd Floor for information. No
20. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd Floor for information. No
21. What would be the anticipated duration of the presentation in front of the:
❑ Planning, Zoning and Appeals Board and/or ✓ City Commission 15 minutes
22. Cost of processing according to Section 62-22 of the Miami City Code*:
a. Petition for Public Hearing
b. Petition for Public Hearing requiring City Commission review
c. Advertising
d. Mail notice fee per notice
e. Meeting package mailing fee per package
$ 1,500.00
$ 2,500.00
$ 1,500.00
$ 4.50
$ 6.00
*Fees over $25, 000.00 shall be paid in the form of a certified check, cashier's check, or money order.
Signature
Name
Telephone (305) 755-5714 E-mail javier.fernandezakerman.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Address One SE Third Avenue, 25th Floor
Miami, FL 33131
The foregoing was acknowledged before me this 3/ day of tV
20 lL , by Javier E. Fernandez
who is a(n) individual/partner/agent/corporation of Al D' Eca & Associates Investments, Inc.
_ a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
(Stamp)
49r ,:'%, MARIA GONZALEZ
* % * MY COMMISSION # EE 131076
EXPIRES: October 22, 2015
rkot toe Banded Thru Budget Notary Services
Signat re
{24323636;1 }Rcv. 03-2012
3
SPECIAL APPEARANCE APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Javier E. Fernandez
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, ✓ 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.
Javier E. Fernandez
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 31 day of Fray
20 1 - , by Javier E. Fernandez
who is a(n) individual/partner/agent/corporation of _ Al D'Eca & Associates Investments, Inc.
a(n) individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
aotr.Y :feet, MARIA GONZALEZ
• • MY COMMISSION # EE 131076
EXPIRES: October 22 2015
0
l44.0F rtsp Bonded Thru Budget Notary Sees
{24323636; I }Rev. 03-2012
4
AFFIDAVIT OF AUTHORITY TO ACT
I r -�
Before me this day, the undersigned personally appeared Gt �r ins al
, who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, authorized to execute a
modification or release of certain a certain Declaration of Restrictive Covenants in favor of the CITY
OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the
"City"), dated June 10th, 1996, and recorded in Book 17264, Page 1095 in the Public Records of Dade
County, Florida, on July 5, 1996 (the "Declaration"), which Declaration subjects property located at
5808 NE 4th Court, Miami, FL, and more particularly described as:
LOTS 7 & 8 in BLK 14 of BAYSHORE UNIT NO 4, according to the Plat thereof, as
recorded in Plat Book 16, at Page 30, of the Public Records of Dade County, FL,
aka 5808 NE4 Court, Miami, FL.
(the "Property"), to certain restrictions deemed covenants running with the land.
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 modification or release of the aforementioned Declaration as
set out in the foregoing petition.
3. That the facts, as represented in the application and documents submitted in conjunction of this
affidavit, are true and correct.
dJa .
Ykgia
Signatories Name Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this o2 / day of f ,
2012, by abrina cOg - , who is a(n) individual/partner/agent/corporation
of Aiiii a(n) individual/partnership/corporation. He/She is personally known to
me or who has produced as identification and who did (did not) 'take
an oath.
(Stamp)
40„.'=•°°'% MARIAGONZALEZ
(_�, 4, MY COMMISSION # EE 131016
N in EXPIRES: October 22, 2015
f+rtoF noo Bonded Thru Suite( !Mary Services
{24287005;1)
SPECIAL APPEARANCE APPLICATION
1
DISCLOSURE OF OWNERSHIP
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) Joyce d'Eca, President, Al D'Eca & Associates Investments, Inc.
Percentage of Ownership 100%
Subject Property Address(es) 5808 NE 4th Court
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):
None
Javier E. Fernandez
Owner(s) or Attorney Name
Legal Description(s):
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ��/�
The foregoing was acknowledged before me this 31 day of /� tG
20 la- , by aauior £. Fervlatiolez
who is a(n) individual/partner/agent/c oration of a(n)
individual/partnership/corporation. l H She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
•
411s`"/'P4 MARIA GONZ.ALEZ
* t , •y * MY COMMISSION # EE 131076
EXPIRES: October 22, 2015
f oc sse Borded,Thru Budget Naary Section
{24323 63 6;2 }Rev. 03-2012
5
CITY OF MIAMI
SPECIAL APPEARANCE APPLICATION
Applicant Name: Al D'Eca Associates & Investments, Inc.
Exhibit "A"
Legal Description of the Subject Property
Lots 7 & 8, Block 14, BAYSHORE UNIT, NUMBER FOUR, according to the Plat thereof, as
recorded in Plat Book 16, Page 30, Public Records of Miami -Dade County, Florida.
Parcel Identification No.: 01-3218-038-0170
{24324713;1)
71:
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
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) on the
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: Javier E. Fernandez
(First Name)
(Middle) (Last Name)
HOME ADDRESS: Akerman Senterfitt
(Address Line 1)
One SE 3rd Avenue, 25th Floor
(Address Line 2)
CITY: Miami STATE: Florida ZIP: 33131
I-IOMEPHONE: (305) 374-5600 CELL PHONE: FAX: (305) 374-5095
EMAIL: Javier. fernandez@akerman.com
BUSSINESS or APPLICANT or ENTITY NAME
Al d'Eca & Associates Investments, Inc.
BUSINESS ADDRESS: 787 NE 72nd Street
(Address Line 1)
Miami, FL 33138
(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.
Release of a Declaration of Restrictive Covenants
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?
Ei 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 considerationhas been praVided
or committed.
Name Address Phone#
a.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
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:
Signs urea
Javier E.Fernandez
Print Name
el......---
Sworn to and subscribed before me this /g day o ' v e�/'C ' , 20/ I Che foregoing
instrument was acknowledged before me by a-vMl _-,__..._.j�n..0.,jeG7 who has produced
.._._.._
as identification and/or is personally known to me and who did/did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI �3�_k _.4—_ d�G%s4
MY COMMISSION Notary ,� /
EXPIRES: Si otoj ie AN Al CO'N
Q-/V
451.P.% ANN CONDON Print Name
Enclosure(s) 4•MYCOMMISSION#EE176504
Doc. No.:86543 s ?I EXPIRES: March 20, 2016 Page 2
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ABBREVIATIONS
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LOCATION SKETCH
SURVEYOR'S NOTES:
Field Sl'oey was completed am February 26tn, 21FE:Ff
2. LEGAL OESCRk TS•,',7L
.rots 7 and B. Eloek 14, of BAY SiiiC111.. UNIT No. 4", occording to the Pint
thereof, O; recorded in Plat Soak 16. at Page 30, of c,e panel: ROctoes0`
Mic:rd-Ondo Caunl'y, FbNda.
Containing,, 14.512 Squore lout or 3,33 uses. more cr'ess, by oolculollan.
3. SOURCES 0= DATA:
AS TO 6ORI7ONTAL CQNTROL
North Arr. direction refs. to Plot Bock 16, Page 30. of the Public :{cures
at Miami -Bode County. Fiend°.
f AS TO 4RP.CAL
8y scaled determination the subjcot property ties n Floor 2ena X, rs Per
t fader Emergency Munogement lgerey (FEMA) Commue:icy-Pone1 Number
i 120650, Mop No. 12086C0306, Sufi+" L. Revise° Oslo: 0S-11-20:79
1 An aceuretc Zone dotorotfndtion should be :node by the prepare., of the mop.
: the rederol Emergency Management Agency, or Uri Local Cove nmenl Agency
( ho'.-o jurirclphen oror noel) motto+. prior to any judgments acing n odd from
the Zone c noted, The refen'eeed Federal Ernmgancy Moragemen! Agency
Map ::toles to the notes to tau user that '... nxp is fp: !r.,4r.an0u purposes
4. ACCURACY:
Thu accuracy ttthooed by measurement unit C0l0U0t1k0l of LioSed pMm0lri0
Satires Nos :round to exceed this raedkomcnt.
5. UI.l1TATIONS:
Since no other fo!x:nation other Than *hat is ciiee in the Sim:aca of DOtu
o furnished, the Client is ho.cby advis. ;net there MAY bo legal
'ostrfCt!a05 Oh the Subject Property ;hot are not shown on the Survey Mop e,
-ontaine0 within this R00ort hut r^0y he round _1 the Public Records of
Moroi -Dad- County. ar the re 0,40 u. :-y athr..r.+ha•: <,51 or•vete antiiec es s
m their jurisdictions may oppuar.LR:e Survey, ',mktg.- no representation as to
:+ ship Or possas0ioo of the Subject Property by any entity r int5sivad
nt,o may appear !a public rocoroo. N0 ,,cowtion or detorrnlnatiOo woe (CC0
es t0 hap the Subject Property is served by utilities. Nu hnprorornentu we're
loe0ted. other ;hon those snow.,:, No underground. fevnestions. imp:'000eoc- to
end/O: utilities tare t0Oted 00 shown heraan..
MPS notice is required by the Afin!mum Techntcci Startler. for Lone
Surveying in the Slate of Flar,do," f:c soon. .o Rule 6iG17-6 of the 110-ldo
0am_'iotrolf•:e Code.
CERTIFY TO:
-4UPFER. KUPFER 41 S!S01,51ICK, P.A.
-FOIST AME RICAN 3111E INSURAN5 COMPANY
-AL. O'ECA Ai ASSOCIATES INVESTMENT,
--ELEN 5%,ZTIN CARLSON REVOCABLE' -RUST ANU/00A i'S ASSIGNS
SURVEYORS CERTIFICATE:
e MERE5Y CERT1Fr: Ti+ot the Boondory Sour-• or the above descrised
property is true and
correct. to the boa: 0f my knowledge end bil,f Os r m: aly rineCrCd ender my /.beers., Further. them, are noo owe ironed
encroachments uhiosc shown. This savoy a :C0I3 the rni.•,Ir^i' n ternr'arll
store:ix s set forth 0y the F:m'do Board of PeCICS,lonof Surveyors end
Moypors, ir. Chop.. 61C17-6, Fierida Administrative Cede. persoont I0
section 472.027 Florida Statutes. Exiunlnetion of the o:stroct of i7Ua will
have to be ;rode: to dote:mine : a-ded hilotruments, 1 ony. °Noosing the
property. 1011on and identifeot r., of
.'ltios ad3ccd o Iho property
00
were not a rod 4a such intor:notion::as eat requested. Ownership is
seh;v;.t to opinion of tit!,. This survey is . 3rtemled for cosign or
con:dnredo-+ purposes, For those purposes a Tapogrephic Soucy is recurred.
J. BONFILL & ASSOCIATES, IMC.
Efarfda Certificate or AutllaHxation N0. LP 330O
PROFESSIONAL S1RVEYON AND MAPPER NO. 3171
STATE OF FLORIDA
Not valid without the Monetar wd the original ra see' 01 Pier.yram pr sr:a S :Pnod Mopc 6doitio n: o: rot:.'ono to r:.racy mo5: a
coar:s Sy *the, Sion the signing party cr pxf:en 1 :cibited wphnut
..litter: t0^aunt 01 t0_ signing party or p0.'ti0.