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File ID:
Title:
Location:
Applicant(s):
Zoning:
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
04-00181 cr Quasi -Judicial
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
RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS DATED
JUNE 10, 1996 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.
Approximately 5808 NE 4th Court [Commissioner Michelle Spence -Jones -
District 5]
Javier E. Fernandez, Esquire, on behalf of AI D'eca & Associates Investments,
Inc.
One Southeast Third Avenue
Suite 2500
Miami, FL 33131
(305)374-5600
T5-R Urban Center Zone
Purpose: This proposed modification will amend certain restrictions to the existing
covenant.
Historic and
Environmental
Preservation Board:
Approved the historic designation on July 20, 2012 by a vote of 6-0.
Planning and Zoning
Department
Recommendation: Approval.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: August 01, 2012
M IAM 121 MAP
NE 58TH ST
0
150
300
600 Feet
ADDRESS: 5808 NE 4 CT
0
150
300
600 Feet
ADDRESS: 5808 NE 4 CT
WATER PUMP HOUSE
5808 NE 4 COURT, MIAMI, FL
AN APPLICATION FOR RELEASE OF A DECLARATION OF RESTRICTIVE
COVENANTS SUBJECT TO COMPLIANCE WITH THE MIAMI 21 ZONING ORDINANCE,
MIAMI CITY CODE, AND ALL APPLICABLE CRITERIA, CONSIDERATIONS, AND
OTHER REGULATIONS.
The subject proposal for the WATER PUMP HOUSE at 5808 NE 4 Court, has been
submitted and reviewed to allow an application for a RELEASE OF A DECLARATION OF
RESTRICTIVE COVENANTS, subject to all applicable criteria.
A Declaration of Restrictive Covenants was recorded on or about July 5, 1996 in the
Official Record Book 17264, Page 1095 of Miami -Dade County which requires the property
to be preserved as a historical landmark, in compliance with all governing laws and
regulations, and holds a Code Enforcement lien in abeyance.
The property is currently scheduled for consideration as a historical property before the
Historical and Environmental Preservation Board ("HEPB"). Said designation is a
condition to this RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS being
approved.
Barna• . Min Date
Zoning Administr
CITY OF MIAMI
Offlce of Zoning
444 SW 2ND AVE 4thFLOOR MIAMI, FL 33130
W W W.MIAMIGOV.COM/ZONING
MI MI
CITY OF MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
HEPB RESOLUTION 2012-42
7/20/12
A RESOLUTION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
("HEPB") OF THE CITY OF MIAMI, FLORIDA, TO APPROVE THE HISTORIC
DESIGNATION OF THE WATER PUMP HOUSE LOCATED AT 5808 NE 4TH COURT,
CONSISTENT WITH THE CRITERIA SET FORTH IN CH 23 MIAMI CITY CODE.
ITEM NO. 2 - OLD BUSINESS
MOTION MADE BY JORGE KUPERMAN SECONDED BY GARY HECHT
VOTE LIST:
YES
NO
RECUSED
ABSENT
MR. WILLIAM HOPPER, CHAIRMAN
@
❑
❑
❑
MR. GERALD MARSTON, VICE CHAIRMAN
0
❑
❑
❑
MR. DAVID FREEDMAN
•
•❑
►1
MR. GARY M. HECHT
►•
❑
❑
❑
MS. LYNN LEWIS
1
MR. NELSON DIAZ
❑
■
•►��
MR. JORGE KUPERMAN
►•
■
❑
■
MR. ROBERT GRABOSKI
■
MR. HUGH RYAN
►•
■
■
■
MR. TIMOTHY BARBER
■
■
❑
►•
APPROVED 6 TO 0
ATTEST:
ALEXANDER ADAMS, PRESERVATION OFFICER
WILLIAM E. HOPPER, HEPB CHAIRMAN
Akerman
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 10'1', 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
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 3rd 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}
Prepared by and retum 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, attached hereto
and made a part hereof as Exhibit "B," 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;1} 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 , 2012; and
WHEREAS, the Zoning Administrator has recommended release of the Covenant,
effective as of the date of this Agreement, upon the request of the Owner subject to HEP Board
designation of the Property as a historic resource.
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. A copy of the authorizing resolution is attached hereto and made
a part hereof as Exhibit "C."
{24377126;1} 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:
Name: 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 F ] produced as identification.
Name:
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
(NOTARY SEAL)
{24377126;1} 3
"CITY"
CITY OF MIAIVII, a municipal corporation
located within the State of Florida
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
Julie O. Bru, Esq.
City Attorney
APPROVED: APPROVED:
PLANNING & ZONING DEPARTMENT OFFICE OF ZONING
Francisco Garcia Barnaby Min, Esq.
Director Zoning Administrator
APPROVED:
BUILDING DEPARTMENT
Mariano Fernandez
Director
{24377126;1} 4
EXHIBIT "A"
{24377126;1}
°PC: ITZ54PG1095
REt;.
96R294349 1996 JUL 05 10102
DECLARATION OF RESTRICTIVE COVENANTS
IA i
This Declaration of Restrictive Covenants (the "Declaration") made this ±d day
of Litt_____, 19, Q(p , by SALVATORE3 PATRONAGGIO (hereinafter referred
to as a "Owner"), is in favor of' the CITY OF MIAMI, FLORIDA, n municipality
located within the State of Florida (hereinafter referred to as the "CITY").
W ITNESSETI-1
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 BLK 14 OF BAYSHORE UNIT NO 4,
according to the Plat thereof, as recorded, in Plat Book 1G,
at Page 30, of the Public Records of Dade County, Florida;
AKA 5808 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 if fully set forth in this Section.
OFf. ' 7'264PC i O96
Ptc.
City of Miami/Declaration or Restrictive Covenants
Property address: 5K08 N.E. 4 Cottri
Section 2, Secure #: littinjain Premises
The Owner agrees to keep the structure secured, to prevent vandalism and
unauthorized tenants, until such time 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, QccuoanCv of Structure
The Owner agrees that the Property and the structure shall remain 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. The 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.
Section 5. lumen! of Qutsltanding Debts
The CITY agrees to waive the existing code enforcement liens 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.
Aa:WINN)2.lXK'
2
i3ff. 17Z64! 109T
City of Minrtd/Declnrntion or Restrictive Covcnnnts
Properly 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 satne 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. 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, 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, atnended or released prior to the expiration thereof.
Sectlpn 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
Ak:W0002.rxx:
3
°EF. I TZ64P 1098
REI;.
City or Miami/Declaration of Restrlctive Covenants
Property address: 580H 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 available under the law.
Section 9, Severtbility
Invalidation of any one of these covenants by judgment of 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 among 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 \ , 19 _(L:
WITNESSES: . •
r•aret R. Tynan
as to Salvatore Patronaggio
APPROVED AS TO FORM AND
CORRECTNESS:
r1'
ARON0002.Dx c
By:
By:
4
ALVA'TORE PATRONAGIO, Owner
921 N.F. 72nd Street
Miami4 Flp 33138
CARLOS F. SMITH
Director, Building & Zoning
This Document Prepared By
City of Miami Law Department
y4)
AEC.°F @ T264PG 1099
City of Mimnl/Dccjnmlion of Rcstrietivc Covcnnnls
Property nddress: SHOO N,E. 4 Court
STATE OF FLORIDA
): SS
COUNTY OF DADE
Before me, the undersigned authority, personally appeared SALVATORE
PATRONAGGIO, Owner, to me well known to be the person described herein or who
has produced the following identification: 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
purpo therein expressed,
�a
Nota Public, State of Florida at L , - .e
My Commission Expires:
AR:W(1002.1M
(SEAL)
5
Notary Public, Stole of Rorlde
PIERCE U. MULLALLY
My Comm. Exp. Mar; 19, 1997
Comm, No. CC 2694/8
nrcontXI) IN 0FriCUL RECORDS 800►t
OF D/1UF COUNTY, norm.*
RECORD VERINFU
HARVEY RUVIN
CLERK CIRCUIr COURT
2011-11-22 18:41
SEP-09-1999 12:05
ALEJANDRO VILARftLO
City attorney
September 7, 1999
AL DECA & ASSOCIATES 3052003572» Akerman 5enterfitt
CITY ATTORNEY" S OFFICE
Citia of iami
P 2/8
,dtd,o440y, a.
(3051 4 (&.i 00
Te(eCOpit1; (305) 416-1801
. Harold J. Turk, Esquire
1428 Brickell Avenue
Main Floor
Miami, Florida 33131
Re: 5808 NE 4"' Court, iviiami, Florida - The "Pumphotrse Property"
declaration of Restrictive Covenants - recorded July 5,1996, in Official Records Bonk
17254, at Page 1095, of tho Public Records of Miami -Dade County, Florida
("Covenants").
Dear Mr. Turk:
This letter shall confirm that in our telephone conversation on August 30, 1999, I advised
you that the code enforcement liens referenced in the attached Release of Lien and recorded as a
lien on the above -referenced property in the official Records Book 15894 at Page 0499 of the
Public Records of Miami -Dade County, Florida, .have been released and that Linder no
circumstances these liens may be revived and affect title to the Pumlphouse Property. • .
If I can be of any further assistance do not hesitate to contact me,
Sincere.
Ana aria Pando,
Assistitrtt City Attorney
Ceboaccs/Misc/Harold Turk-i-tr
OFFICE OF '-fF C!re ,VT TORNCYr4a4 5.W, 2110 Avenue, Suitt' 41/Miami, Florida 33139.6910
2011-11-22 18:44
AL DECA & ASSOCIATES 3052003572 >> Akerman Senterfitt
P 3/8
oar. 17GBZ?C 1247
ALA.
CITY OF MIAMI
CODE ENFORCEMENT BOARD
11ELEASE p,'�.j,IWN
CITY OF MIAM1,
Petitioner.
vs,
WILLIAM & LIZ HOLLAND,
Respondent(s).
96R3 1T043 1996 JUL 19 15:09
Case No, 92-1489
The CITY OF MIAMI, pursuant to Chapter 162, Florida Statutes, hereby releases WILLIAM &
LIZ HOLLAND and the property located at 5808 N.E. 4 COURT, Miami, Florida more particularly
described as BAYSHORE UNIT NO 4 LOT 7 & 8 BLK 14, according to the Plat thereof, as recorded in
Plat Book 16 a Page 30 of the Public Records of Dade County, Florida, from the fine imposed by the
Code Enforcement Board in its Order dated January 15, 1993, and recorded as a lien on said property in
the Official Records Book 15894 at Page 0499 of the Public Records of Dade County. Florida.
ATTEST:
Clerk, Code Enfo
STATE OF FLORIDA
COUNTY OF DADE
(SEAL)
}
)SS:
Personally appeared before me, the undersigned authority, &flak
,
of the City of Miami, Florida, and acknowledges that she executed the foregoing Satisfactio and Ref
of Lien,
Cht DADE MINTY M1 CR/L14.
RECORp VERAFIED
HARVEY RUVIN
CLERK COCUlr coURr
Sworn to and subscribed before me on l ! , 19 4,
ARWO3ROL.AOC
NOTARY • 1 . , STATE OF
My Commission Expires:
Or','r.'1,tl.. NOTARY 5Fa1t-
it•. VI,\ ISAREL REYES
NOT /`F,Y 1-1•3L:C 'STATE OF FLORII)A
•,(),IIM15SION NO,CC950334
MN CO.` N11S5ION F.XNF.XP, APR, 24,2000
EXHIBIT "B"
{24293853;4} 6
Prepared by and retufn_te;
Richard Gonzalez,Esq
Attomoy at Law
Richard Gonzalez, P.A.
407 Lincoln Road, Suite 4-E
Miami Beach, Florida 33139
306.531-5200
File No.. RG99-0107
Will Call No.:
�fJ. , 8791 PE2198
kCC.
99R490114 1999 SEP 22 13=21
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 1Yth day of September, 1999 between
Salvatore Patronaggiot a single mart
whose post office address is
921 NE 72 Street, Miami, Florida 33138
grantor, and
Al d' Eca & Associates Investments, Inc., a Florida Corporation
whose post office address is
787 NE 72 Street, Miami, Florida 33138
grantee:
(Whenever used heroin tho tonne "grantor- and ^grantee- include all the (mhos to this instrument and the heirs, legal representatives. and
assigns of individuals. and the successors and assigns of corporations. trusts and trustees)
DOCSTPDEE 1r248.00 SURTX 936.00
HARVEY RUVIHr CLERK DADE COUNTY' FL
WITNESSETH, that said grantor, for and In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Miami -Dade County, Florida to -wit
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 Number: 01-3207-032-0590
Subject to taxos for 1999 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, If any..
•TOGETHER with at the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND 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, that the grantor hereby fully
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever: and
that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1998.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written
Signed, sealed and delivered in our presence.
STATE OF Florida
COUNTY OF Miami -Dade
The foregoing instrument was acknowledged before me this 17h day of September,,1049 by Salvatore
Patronaggio, who is personally known to me or has produced a Driver'- icen 3srtdenlificatio
(seal)
Salvatore Patrona}gio "7
qzI IJE 7 ,SrlrrT
MIL• r� \ r FL ft_31 ?,
[Notary Seal]
1
ot. - .tic
Printed Narne: '
rr.'.M•P1MNRI.rn-n;ay1R
C:V1.1.; II
Lw N
RECORD 1'rn'ro c
HARVEY RIJVIN
cc[RK c1RCu,r COURT'
My Comkcinn FxRims'
1cHAaL aoazAuz
Vr Cow" r+P Vi'2cO3
No. CC R76�5�_r 1 l
EXHIBIT "C"
{24293853;4} 7
SPECIAL APPEARANCE APPLICATION
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 2hd Avenue, 7ch Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearing 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
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'hx11") 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.
r
la.
{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) 11x17"
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;1 }Rev. 03-2012 2
Telephone (305) 755-5714
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
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 Address One SE Third Avenue, 25th Floor
Name Javier E ernandez Miami, FL 33131
E-mail iavier.fernandez a(�akerman.com
The foregoing was acknowledged before me this 3/ day of NIA/
20 1 a- , 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)
Apse( P% MARIA GONZALEZ
MY COMMISSION # EE 131076
EXPIRES: October 22, 2015
Ttop nce Bonded Thru Budget Notary Services
Signat rU e�
{24323636;1 }Rev. 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 /' by
20 12— , 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 personal y known to me or who has produced
as identification and who did did not) take an oath.
(Stamp)
40:3:: r;Beo MARIA GONZALEZ
* r j * MY COMMISSION # EE 131076
sr. a� EXPIRES: October 22, 2015
°itoF �ee'� Bonded Thru Budget Notary $eMces
Signa ure
{24323636;1 }Rev. 03-2012 4
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Jet CJr �n�
, 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 NE 4 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.
Ca IK , ram ..
7i,h4 e ifeea
Signatories Name Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this a2 9 day of % ,
2012, by abrina d `e& - , who is a(n) individual/partner/agent/corporation
of MPf 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)
o't;;°&/0 MARIAGONZALEZ
MY COMMISSION # EE 131076
EXPIRES: October 22, 2015
+4.0F 00 Bonded ihru kip{ N.tary Services
x„,
Signature
{24287005;1}
SPECIAL APPEARANCE APPLICATION
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) 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
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Legal Description(s):
wner s
ignature
The foregoing was acknowledged before me this 31 day of /I (i
20 ta-- , by JAt)iot' £, Ferr'av tea
who is a(n) individual/partner/agent/c oration of a(n)
individual/partnership/corporation. S e is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
* t.} * MYCOMMISSION #EE13076
Nr, EXPIRES: October'22, 2015
44.OFFLe 8ondedThNBUd9et'^"ot7 Ser Ices
{ 2432 3 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}
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)
I -TOME ADDRESS: Akerman Senterfitt
CITY:
(Address Line 1)
One SE 3rd Avenue, 25th Floor
(Address Line 2)
Miami STATE: Florida ZIP: 33131
HOME PHONE: (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?
YES 0 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
'ate! ' y7 x-ry.w
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.
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
1 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: / 1__naturT
Javier E. Fernandez
Print Name
Si>>orn to and subscribed before me this /g day o . U1-1' , 201 I the foregoing
instrument was acknowledged before me by GLfricrc.__..__ 417 /0,_ex,� 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 —le--�. d %S4
MY COMMISSION / Notary ,,
EXPIRES: 3� �iIS AN Al ecTIV
G�-/V
s 4oa,.u�io ANNCONDON Print Name
Enclosure(s) MY COMMISSION # EE 176504
Doc. No.:86543 ..' "?!' - ,ze EXPIRES: March 20, 2016 Page 2