HomeMy WebLinkAboutLegislation (Version 2) & ExhibitsCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00181cr Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS
DATED JUNE 10, 1996, A COPY BEING ATTACHED AS AN EXHIBIT AND
RECORDED IN OFFICIAL RECORDS BOOK 17264, PAGES 1095-1099, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5808 NORTHEAST 4TH COURT, MIAMI,
FLORIDA.
WHEREAS, the property located at approximately 5808 Northeast 4th Court, Miami, Florida
(the "Property"), legally described in attached "Exhibit A", is subject to a Declaration of Restrictive
Covenants ("Covenant") dated June 10, 1996, recorded in Official Records Book 17264, Page 1095, of
the Public Records of Miami -Dade County, Florida attached in "Exhibit B" thereby requiring certain
structure to be preserved as a historic landmark and remain vacant; and
WHEREAS, the Historic and Environmental Preservation ("HEP") Board, at its meeting on July
20, 2012, Item No. 2, following an advertised public hearing, adopted Resolution No. HEPB-R-2012-42
by a vote of six to zero (6-0), to approve the historic designation of the Water Pump House; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on August 1, 2012, Item
No. PZAB. 1, following an advertised public hearing, adopted Resolution No. PZAB-R-12-031 by a
vote of ten to zero (10-0), recommending approval with a condition to release the Covenant; and
WHEREAS, any modification or release of a previously -approved Covenant is subject to
approval by the Office of the City Attorney as to legal form and correctness; and
WHEREAS, the City Commission after careful consideration of this matter, finds that it is in the
best interest of the general welfare of the City of Miami and its inhabitants to approve the release of
the Covenant in substantially the form attached, which would allow restoration of the property subject
to HEP Board designation as a historic resource;
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Release of the Covenant is subject to approval by the Office of the City Attorney as
to legal form and correctness.
Section 3. The release of the Covenant dated June 10, 1996, recorded in Official Records
Book 17264, Page 1095, of the Public Records of Miami -Dade County, Florida, for the property
City of Miami Page 1 of 2 File Id: 04-00181cr (Version: 2) Printed On: 9/17/2012
File Number: 04-00181cr
located at 5808 Northeast 4th Court, Miami, Florida, is approved and released as set forth in Exhibit
"B", subject to the following condition accepted by the Owner:
a) The owner shall submit a 40-year building re -certification within 90 days from release of the
current covenant to ensure current Building Codes and proper maintenance are achieved.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU I\-'`v
CITYATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 04-0018I cr (Version: 2) Printed On: 9/17/2012
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}
Exhibit "B"
Prepared by and return to:
Javier E. Fernandez, Esq.
Akerman Senterfitt
One SE Third Avenue, 25th Floor
Miami, FL 33131
RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS
THIS RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS
(the "Release") is entered into effective the day of , 2012, by and
between AL D' ECA & ASSOCIATES INVESTMENTS, INC., a Florida for -profit
corporation, whose post office address is 787 NE 72nd Street, Miami, FL 33138, ("Owner") and
the CITY OF MIAMI, a municipality located within the State of Florida (hereinafter, "City").
RECITALS
WHEREAS, the Owner holds fee simple title to certain Property located in the City
consisting of:
LOTS 7 & 8 in BLK 14 OF BAYSHORE UNIT NO 4, according to the
Plat thereof, as recorded in Plat Book 17 at Page 30, of the Public
Records of Dade County, Florida, a.k.a. 5808 NE 4th Court, Miami,
Florida.
(the "Property"); and
WHEREAS, the Owner's predecessor in interest voluntarily covenanted and agreed to
burden the Property with certain restrictions in favor of the City, which restrictions were
intended and deemed to be covenants running with the land and binding upon the Owner of
Property, and its heirs, successors and assigns;
WHEREAS, on June 10th, 1996, the Owner's predecessor in interest and the City
executed a Declaration of Restrictive Covenants (the "Covenant"), recorded on July 5, 1996, in
the Official Record Book 17264, Page 1095 of Miami -Dade County, attached hereto and made a
part hereof as Exhibit "A," which Covenant requires, in part, that the Property be preserved as
a historical landmark and operated in compliance with all local governing laws and regulations in
exchange for the waiver of certain code enforcement liens previously recorded against the
Property;
WHEREAS, the Owner took fee simple title to the Property via a Warranty Deed from
Salvatore Patronaggio on September 13, 1999, which deed was recorded on September 22, 1999,
in the Official Record Book 18791, Pg. 2198 of Miami -Dade County, Florida, and thereafter
proceeded to restore the Property and operated it in a manner consistent with the requirements of
the Covenant and all governing laws and regulations; and
{24377126;3} 1
WHEREAS, the City's Historic and Environmental Preservation Board ("HEP Board"),
pursuant to the authority provided by Chapter 23 of the City Code, approved preliminary
designation of the Property as a historic resource on June 5, 2012; and
WHEREAS, the HEP Board further approved a final designation report and designation
of the Property as a historic resource on July 20, 2012; and
WHEREAS, the Zoning Administrator has recommended release of the Covenant,
effective as of the date of this Agreement, subject to certain specified conditions listed in the
authorizing resolution, attached hereto and made a part hereof as Exhibit "B."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Owner and City agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The City agrees to release the Covenant in accordance with the requirements of
set forth in Sec. 6 of the Covenant.
3. This Release has been duly approved by the City Commission upon the
conclusion of a public hearing. The City's Director of Planning & Zoning, Zoning
Administrator, and Building Director/Official, or their respective successor(s), are hereby
authorized to execute any and all written instruments in recordable form necessary to effectuate
and acknowledge this Release.
{24377126;3}
2
IN WITNESS WHEREOF, the parties have hereunto set their respective hands
and seals effective as of the date first above written.
Signed, sealed and delivered in the presence of:
WITNESSES:
Print Name:
Print Name:
"OWNER"
AL D' ECA & ASSOCIATES
INVESTMENTS, INC., a Florida for -profit
corporation
By:
Naive: Joyce d'Eca
Title: President
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was executed, acknowledged and delivered before me this
day of , 2012, by JOYCE D'ECA, the President of AL D'ECA &
ASSOCIATES INVESTMENTS, INC., a Florida for -profit corporation, who is [ 1 personally
known to me or who [ 1 produced as identification.
Name:
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
(NOTARY SEAL)
{24377126;3} 3
"CITY"
CITY OF MIAMI, a municipal corporation
located within the State of Florida
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
Julie 0. Bru, Esq.
City Attorney
APPROVED: APPROVED:
PLANNING & ZONING DEPARTMENT OFFICE OF ZONING
Francisco Garcia
Director
1
APPROVED:
BUILDING DEPARTMENT
Mariano Fernandez
Director
{24377126;3} 4
Barnaby Min, Esq.
Zoning Administrator
EXHIBIT "A"
{24377126;3} 5
I :17264111095
96R29434 9 1996 JUL 05 10102
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this ±0 day
of �,t4tL, I9. �3(1_, by SALVA'TORE PATRONAGGIO (hereinaflcr referred
to as c "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality
located within the State of Florida (hereinafter referred to as the "CITY").
WITNESS + TH
WHEREAS, the Owner holds fee -simple title to certain Property in the City of
Miami, State of Florida (the "CITY"), consisting of
LOTS 7 & 8 IN I3LK 14 OF IlAYSIIORE UNIT NO 4,
according to the Plat thereof, as recorded in Plat I3ook 16,
at Page 30, of the Public Records of Dade County, Florida;
AKA 580K N.E. 4 COURT, Miami, Florida.
(the "Property"); and
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed 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, and its heirs, successors and assigns as follows:
Section 1.
The recitals and findings set forth in the preamble of this Declaration are hereby
adopted by reference thereto and incorporated herein as Wildly set forth in this Section.
ptc. 6 T264q 1096
City or Miami/Declaration of Restrictive Covenants
Property address: 5808 N.E. 4 Court
Section 2, Secure ¢i Maintain Premises
The Owner agrees to keep the structure secured, to prevent vandalism and
unauthorized tenants, until such titne that the property is rehabilitated. The owner agrees
to maintain the property which includes keeping the property free of debris and excess
vegetation.
Section 3, Qccunancv of Structure
The Owner agrees that the Property and the structure shall retnain vacant from any
residents, tenants or occupants whatsoever until such time that a certificate of occupancy
is issued and the property complies with the South Florida Building Code. Tim Owner
further agrees that all openings to the structure shall be secured and shall be maintained in
a secure manner during all times which repairs are not being performed on Property.
Section 4, Use of Dwelling
The Owner agrees that the Property and the structure shall be repaired in a manner
which complies with the City of Miami Zoning Ordinance and that the structure shall be
preserved as a historical land mark. Any use, other than the approved zoning, must be
approved by the City of Miami.
$ect ft15. Payment orQutstftndinz Debts
The CITY agrees to waive the existing code enforcement Hens as long as the
property remains in compliance with the South Florida Building Code, the City of Miami
Code and the City of Miami Zoning Ordinance. Failure to maintain the property will
result in the reinstatement of the code enforcement liens in the amount of $245,750.00.
AR:Warnl tme 2
,l7a64111097'
City of Minmi/Dcclarntion of Restrictive Covenants
Property address: 5808 N.E, 4 Court
Section 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 Owner of the fee -simple title to the land
to be affected by such modification, amendment or release, providing that same has been
approved by the City of Miami Commission after a public hearing which public hearing
shall be applied for and at the expense of the Owner. Should this instrument be so
modified, amended or released, the Director of the City's Planning, Building and Zoning
Department or his successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release.
Section 7. Tenn 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, its successors and assigns for an initial period
of thirty (30) years from the date this instrument is recorded in the Public Records of Dade
County and shall be automatically extended for successive periods of ten (10) years
thereafter unless modified, amended or released prior to the expiration thereof.
Section 8, Inspection and Enforcement
it is understood and agreed that any official inspector of the City may have the
right 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's building and zoning regulations are being complied with. An enforcement
action may be brought by the City or by any property owner within 375 feet of the
Property by action in law or in equity against any party or person violating or attempting
AR:w(KKJ2.1x)C
3
° f I TZ64P 1O98
AEC.
City of Miami/Declaration of Restrictive Covenants
Property address: 5g1n1 N.E. 4 Court
to violate any covenants of this Declaration, or provisions 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 nvailabie under the law.
Section 9, Sevvrability
invalidation of any one of these covenants by judgment or Court shall not affect
any of the other provisions of the Declaration, which shall remain in full force and effect.
,Section 10, Recording
This Declaration shall be filed of record nmong Public Records of Dade County,
Florida, at the cost of the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and seals this
(0 day of 1 --_. 1 9 _(..
WITNESSES: .
raret R. Tynan
as to Salvatore Patronaggio
By:
APPROVED AS TO FORM AND
CORRECTNESS:
(w
AR:W0002.IX)C 4
I3y: atA-
ALVA'f ORE: PATRONAGIO, Owner
921 N.E. 72nd Street
Miam,i,t F133138
CARLOS F. SMITH
Director, Building & Zoning
This Document Prepared By
City of Miami Law Department
6c,
z�'
n I7264111099
AEC.
City or Minml/Dcclnrniion of Restrictive Covenants
Property address: 5808 N,E, 4 Court
STATE OF FLORIDA )
):SS
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared SALVA'I'ORE
PATRONAGGIO, Owner, to ntc well known to be the person described herein or who
has produced the following identification: OIL
fitu.(t_Ow
who
executed the fbregoing instrument, Declaration of Restrictive Covenants, and who
acknowledged to and before me that he executed said instrument under oath, and for the
purpos therein expressed,
Nota Public, State of Florida at L
My Commission Expires:
AR:Wo002,OMx'
(SEAL)
5
Notary Pubile, Stitt of norltta
PIERCE H. MULthLtY
My Comm. bp. Mat. 19, 1997
Comm, No, CC 2699/8
ttEcono :U IN QJ T C AI NECOnDS 800K
OF PAD; COUNTY, CAVA
pECOItt) VERI'IFN
HARVEY RUVIN
CLERK cSRCUtr COURT
{24377126;3}
EXHIBIT "B"
6