HomeMy WebLinkAboutAnalysis & PZAB ResoCity of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS TO
AMEND A RECORDED COVENANT
APPLICANT: Cushman School Inc. FILE ID: 16-00792cm
PROJECT ADDRESS: 592 NE 60th Street ZIP: 33130
NET OFFICE: Upper Eastside HEARING DATE: 6/23/16
COMMISSION DISTRICT: District 5 ITEM:
A. GENERAL INFORMATION:
REQUEST: The Applicant is requesting a Special Appearance before the Miami City Commission to amend
the declaration of restrictions recorded in 1991 in relation to a rezoning application for a portion of the
Cushman School property. Specifically but not limited to amending the student enrollment cap and the number
of minority scholarships. See Exhibit B entitled "1991 Cushman School Declaration of Restrictive Covenant".
The subject property is located within the MiMo Historic District and the Upper Eastside NET area. The
triangular parcel is approximately 39,000 sq. ft. and is generally bounded by NE 60th Street to the North,
Biscayne Blvd., to the East and NE 5th Street to the West. (A complete legal description is on file with the
Hearing Boards Section).
FOLIO: 01-3218-034-0010
B. BACKGROUND:
Established in 1924 the Cushman School is one of Miami -Dade County's oldest and continuously operating
non -denominational private school serving preschool to eighth grade.
On September 17, 1990 the City of Miami Zoning Board pursuant to Resolution No. ZB 77-90 recommended
approval of the Applicant's (Cushman School Inc.) request for a change of zoning from Office (0) to
Government and Institutional (GI) to the Miami City Commission.
On November 8, 1990 the Miami City Commission pursuant to Ordinance No. 10851 attached hereto as
Exhibit C entitled "Change of Zoning Ordinance Cushman School" which approved the Applicant's request for
a change of zoning from Office (0) to Government and Institutional (GI), to allow for the continual operation
of the School.
On June 3,1991 the Applicant entered into Declaration of Restrictive Covenant in favor of the City of Miami
subject to the rezoning of the property from Office (0) to Government and Institutional (GI) thus ensuring that
the Property be developed in accordance with the provisions of the Declaration. Specifically but not limited to
volunteering a maximum of 300 paying students, 10 full scholarships to minorities, limiting night time events
and a performance bond, See Exhibit B entitled "1991 Cushman School Declaration of Restrictive Covenant".
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Page 1 of 6
On February 26, 2016 the Applicant submitted a request for an Exception to the Department of Planning and
Zoning pursuant to Miami 21 to allow for the construction of a 63,200+/- sq. ft. gymnasium/auditorium and
classrooms to the existing Cushman School. In review of the Exception application, staff noted that the project
site was tied to a declaration of restrictive covenant which restricted the maximum student enrollment to 310
students. As part of the architectural plans submitted for the Exception, staff noted that the current enrollment
indicated on the plans was 499 students, 189 students above the 310 students allowed pursuant to the
recorded declaration of restrictive covenant attached hereto as Exhibit A entitled "1991 Cushman School
Declaration of Restrictive Covenant".
Staff informed the Applicant that the property was tied to a covenant and that the Exception request as
presented could not move forward unless the Declaration of Restrictive Covenant was released or amended
as the site was found to be not in compliance with the Declaration of Restrictive Covenant, Staff provided
the Applicant a copy of the recorded covenant.
On April 29, 2016 after meeting with staff, the Applicant submitted a request to amend the recorded covenant,
specifically to eliminate student enrollment cap to bring the property into compliance with the current
enrollment and allow for future enrollment increases. Staff expressed concerns to the Applicant as to the
possible adverse impacts to the neighborhood such as but not limited to traffic, noise and buffering with no
appropriate plans or studies submitted for staff review.
Subsequently on May 13, 2016 the Applicant submitted a revised covenant requesting an increase to 600
students. The Applicant indicated that the actual student enrollment for the 2015-2016 school year was now
518 students, 208 students above the 310 students allowed pursuant to the recorded declaration of restrictive
covenant. Staff, again expressed concerns as it pertained to the possible adverse impacts to the neighborhood
such as but not limited to traffic, noise and buffering with no appropriate plans or studies submitted for review.
On June 1, 2016 the Application submitted a re -revised covenant requesting an increase to 530 students.
Along with an increase in the amount of full minority scholarships from 10 to 15 per year and a fifteen thousand
dollar ($15,000.00) monetary contribution to the City of Miami Parks Department for playground improvements
for the abutting Eaton Park,
C. *1991 DECLARATION OF RESTRICTIVE COVENANTS ANALYSIS:
* Analysis of applicable Sections as It pertains to the Applicants covenant amendment request.
Section 2. Enrollment.
The Owner agrees that it shall limit enrollment of its tuition paying students to three hundred (300) students.
Additionally the Owner will grant ten (10) full scholarships to minorities.
Analysis: The current enrollment as provided by the school at the time this analysis was prepared for the 2015-
2016 school year was 518 students. According to the Florida Council of Independent Schools (FCIS)
of which Cushman School reports to, the student enrollment was 512 students. No records were
provided to staff for the years 1992-2013. See Exhibit F entitled "Cushman School Enrollment &
Events".
Year Student Enrollment
2014 506
2015 509
2016 518
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Page 2 of 6
Findings: Not in Compliance with the adopted covenant
The Owner shall submit to the City by October 1st of each school year, a letter from a Certified Public
Accountant certifying the amount of students enrolled for the school year; and the minority representation of
the 10 scholarship recipients.
Analysis: Staff conducted a thorough review of the Department of Planning and Zoning records and was unable
to locate any enrollment information submitted for Cushman School as required pursuant to this
Section of the covenant. Staff requested documentation from the Applicant indicating compliance
with said requirement. On May 23, 2016 the Applicant furnished a letter as prepared by Verdeja, De
Armas, Trujillo Certified Public Accountants attached hereto as Exhibit F entitled "Cushman School
Enrollment & Events" indicating student enrollment and minority scholarships issued for years 2014
through 2016.
Year Student Enrollment Minority Scholarships
2014 506 11
2015 509 13
2016 518 16
Findings: Not in compliance with the adopted covenant (Enrollment)
In compliance (Minority Scholarships) for years 2014-2016
Section 3. Night -Time Events.
The Owners agrees to hold no more than one night-time event per school quarter, for a total of no more than
four night-time events per school year. Each of the night-time events shall terminate no later than 10:00
o'clock p.m. The Owner shall submit to the City, by October 1st of each school year, a copy of the official
school calendar depicting the dates and times of the four night-time events scheduled for the school year.
Analysis: Staff conducted a thorough review of the Department of Planning and Zoning records and was unable
to locate any night-time calendar event information submitted for Cushman School as required
pursuant to this Section. Staff requested documentation from the Applicant indicating compliance
with said requirement. On May 24, 2016 the Applicant furnished a letter attached hereto as Exhibit
F entitled "Cushman School Enrollment & Events" indicating only two (2) night time events per year
for 2013-2016. No official copy of the school calendar depicting the dates and times was provided.
Findings: Not in Compliance with the adopted covenant
Section 4. Traffic Flow.
In order to provide increased safety and to alleviate the vehicular congestion during morning drop-off and
afternoon pick-up of students, the Owner has instituted a new procedure, subject to the City of Miami
Department of Public Works approval, as per the herein described plan graphically depicted in Schedule "A"
attached hereto and made a binding part hereof.
A, Preschool and 1st Grade: As of October 1, 1990, all car pools containing only preschooler's or
first graders shall drop-off and pick-up their children at the NE 60th Street turn -around which is
adjacent to the science lab. The new procedure should relocate approximately one third of the
cars away from the entrance at 60th Street and 5th Avenue.
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Page3of6
B. 2nd to 6th Grades: Traffic on NE 4th Avenue will flow south to NE 59th Street where it will flow East
to Biscayne Blvd. At Biscayne Blvd. traffic will flow north to NE 60th Street where it will head
West to NE 5th Court to the entrance at 60th Street and 5th Court.
Analysis: Staff is unable to determine if Cushman School implemented the Traffic Flow requirements from
1991-2014 as per this Section. However City records indicate that the Miami City Commission on
February 27, 2014 pursuant to R-14-0070 attached hereto as Exhibit E entitled "Street Closure"
approved the Applicant's request to closing, vacating, abandoning, and discounting for public use
NE 60 ST, from NE 5 Court to Biscayne Blvd, and NE 5th Court from approximately 90' NW of 60 ST.
The purpose of the road vacating was to address traffic flow and queuing issues.
Findings: Partially in Compliance with the adopted covenant.
Section 5. Performance Bond.
The Owner shall post a $5,000.00 Performance Bond for a period of six (6) months from the date of this
instrument's recordation in the Public Records of Dade County, which shall be forfeited to the City of Miami if
any of the conditions herein contained in this Declaration are breached by the Owner during the said six month
period.
Analysis: On June 28, 1991 a performance and security bond was posted in the amount of $5,000.00 as
required per this Section. Copy of the recorded Performance Bond is attached hereto as Exhibit E
entitled "Performance Bond"
Findings: In compliance with the adopted covenant,
Section 6. Effective Date.
If the City of Miami Commission approves the Change of Zoning Classification, and after said approval has
become final and non -appealable, this instrument shall constitute a covenant running with the Property and
be binding upon Owner, its successors and assigns. These restrictions shall be for the benefit and limitation
upon all present and future owners of the Property and for the public welfare.
Analysis: On February 28, 1991 the City of Miami Commission pursuant to Ordinance No. 10851 approved the
applicants request fora Change of Zoning Classification. The zoning change approval became final
and non -appealable 30 days later.
Findings: Consistent with the adopted covenant.
Section 7. Amendments and Modifications.
This instrument may be modified, amended, or release 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 modifications, 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.
Analysis: Pursuant to the above Section the Applicant is requesting a modification to the declaration of restrictive
covenants before the City Commission.
Findings: Consistent with the adopted covenant.
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Page 4 of 6
D. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
CS; Civic Institutional Transect Zone
(Cushman School)
Surrounding Properties
NORTH: T6-8-0; Urban Core Transect Zone
(MiMo Historic District)
T5-L Urban Center Transect Zone
(Palm Grove Historic District)
SOUTH: T5-L; Urban Transect Zone
(Palm Grove Historic District)
EAST: T4-L; General Urban Transect Zone
(Morningside Historic District)
WEST: T5-L; Urban Center Transect Zone
(Palm Grove Historic District)
E. NEIGHBORHOOD SERVICES:
Code Compliance
Building
Historic Preservation
Environmental Resources
Transportation
Fire
NET
F. CONCLUSION:
FUTURE LAND USE DESIGNATION
Restricted Commercial
Maximum 150 D.U. per acre
Restricted Commercial
Maximum 150 D.U. per acre
Restricted Commercial
Maximum 65 D.U. per acre
Restricted Commercial
Maximum 65 D.U. per acre
Restricted Commercial
Maximum 36 D.U. per acre
Restricted Commercial
Maximum 65 D.U. per acre
No Objection
No Comment
No Comment
No Objection
No Objections with condition See Exhibit H, "Transportation Recommendations"
No Comment
No Objection with conditions See Exhibit i, "Net Recommendations"
Cushman School Inc. has been operating on site for the past 92 years and is one of the premier private
schools in the community. In the past three years the School has awarded 40 full scholarships to minority
students with an estimated value of $760,000.00. In addition the school is seeking to donate fifteen thousand
dollars ($15,000.00) to the City of Miami Parks Department for playground equipment improvements to the
abutting Eaton Park.
Subsequent to the 1991 change of zoning hearing, the school acquired additional parcels to north and west
thus expanding its operation. Building records indicate that the school obtained building permits for new
classrooms and science/computer labs. However, the Applicant never obtained approval to increase student
enrollment nor to modify the declaration of restrictive covenants.
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Page 5 of 6
Pursuant to the minutes attached hereto as Exhibit C entitled "CC Minutes Cushman School Rezoning" page
209, the School indicated that they would never increase student enrollment beyond 310 students,
On February 26, 2016 the Applicant submitted a request for an Exception via File I.D. 16-00311x to allow for
the construction of and Auditorium and arts related classrooms. As part of the planning review process, Miami -
Dade County transportation division reviewed and conditionally approved the plans and Traffic Operation Plan
(TOP) based on a student capacity of 499 students.
On June 7, 2017 the City of Miami Planning Department meet with Miami -Dade County Department of
Transportation and Public works to discuss the Applicants request to increase student enrollment to 530
students. The County indicated the Applicant would need to amend the (TOP) and submit it for review and
approval to the County. At the time of this review no modification was submitted for review and approval to
the County nor to the City of Miami Transportation Division.
As such the Department of Planning and Zoning recommends approval with conditions to modify the covenant
to increase student enrollment from 310 to 499 students.
G. RECOMMENDATION:
The Department of Planning and Zoning recommends approval with conditions to amend Sections
1. through 17 of the modification of Declaration of Restrictions Covenants as proposed in Exhibit A,
except that Planning recommends that Sections 2, 3 and 5 are modified as follows:
1, Section 2. Enrollment. The owner agrees that it shall limit its student enrollment to a maximum
of four hundred and ninety nine (499) students. The Owner shall submit to the City by November
1st of each year, a letter from a Certified Public Accountant certifying (a) the amount of students
enrolled for the school year; and (b) the number of students attending pursuant to minority
scholarships. The total number of students, including those attending pursuant to minority
scholarships, shall not exceed 499 students.
2. Section 3. Minority Scholarships. The owner agrees to provide a total of fifteen (15) full minority
scholarships per year for students residing within the following zip codes (33127, 33150, 33137).
3. Section 5. Performance Bond. The Owner shall post a $10,000,00 Performance Bond for a
period of forty eight (48) months from the date of this instrument's recordation in the Public
Records of Miami -Dade County, which shall be forfeited to the City of Miami if any of the
conditions herein contained in this Declaration are breached by the Owner during the said 48
month period.
Christopher Brinio, AICP
Chief of Land Development
E. Nunez
6/8/2016
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Page 6 of 6
EXHIBIT A
"Proposed Amended Declaration of Restrictive Covenants"
This instrument was prepared by and after recordation return to:
Name: Ben Fernandez, Esq.
Address: Bercow Radell & Fernandez, PLLC
200 South Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space Reserved for Clerk)
MODIFICATION OF DECLARATION OF RESTRICTIONS
IN FAVOR OF CITY OF MIAMI
THIS MODIFICATION OF A DECLARATION OF RESTRICTIONS IN THE FORM
OF A COVENANT RUNNING WITH THE LAND IN FAVOR OF CITY OF MIAMI (this "
Modification ") is made this day of 2016 by the Owner of record who
is THE CUSHMAN SCHOOL, INC., a not for profit Florida corporation (hereinafter referred to
as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within
the county of Miami -Dade, State of Florida (hereinafter referred to as the "City") for the property
more particularly described in the attached Exhibit A (the "Cushman Property").
WITNESSETH:
WHEREAS, a Declaration of Restrictive Covenants (the "Covenant") was recorded by the
Owner on August 28, 1991, at Official Records Book 15168, page 4342 — 4356 of the Public
Records of Miami -Dade County, Florida, concerning a portion the Cushman Property more
specifically described in Exhibit B (hereinafter described as the "Original School Property").
WHEREAS, the Covenant was recorded in relation to a zoning change approved in 1991
by the City Commission for the Original School Property.
WHEREAS, the Owner acquired additional lands (described in Exhibit C) adjacent to the
Original School Property during the 25 years since the Covenant was accepted by the City
Commission.
WHEREAS, the Cushman Property that is the subject of the Covenant and the additional
land acquired by the Owner were rezoned in 2010.
WHEREAS, circumstances have changed since the Covenant was recorded in 1991 in that
the additional lands acquired by Owner have been developed with additional school buildings and
facilities.
WHEREAS, the Covenant required minority scholarships, limited the enrollment of
tuition paying students, addressed night-time events and established a vehicular circulation plan
for the Original School Property.
WHEREAS, the Owner wishes to amend the Covenant to reflect the new lands and the
revised population of students at the school.
WHEREAS, the City and Miami -Dade County have approved revised vehicular operation
plans in relation to the operation of the school that address both the Original School Property and
the additional lands acquired by the school.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Cushman
Property shall be subject to the following restrictions that are intended and shall be deemed to be
a covenant running with the land and binding upon the owner of the Cushman Property, and its
heirs, successors and assigns as follows:
Section 1. The recitals and finding set forth in the preamble of this Amended and Restated
Declaration are hereby adopted by reference thereto and incorporated herein as a fully set forth in
this section.
Section 2. Enrollment. The owner agrees that it shall limit its student enrollment to a
maximum of Five hundred Thirty (530) students. The Owner shall submit to the City Planning and
Zoning Director by November 1st of each year, a letter from a Certified Public Accountant
certifying the amount of the students enrolled for the school year; and the minority representation
of the scholarship recipients.
Section 3. Minority Scholarships. The owner agrees to provide a total of fifteen (15) full
minority scholarships per year.
Section 4. Night-time Events. The Owner agrees to hold no more than one night-time
extra -curricular event per school quarter, for a total of no more than four night-time extra-
curricular events per school year. Each of the night-time extra -curricular events shall terminate
no later than 10:00 p.m. The Owner shall submit to the City, by November 1st of each school year,
a copy of the official school calendar depicting the dates and times of the four night-time extra-
curricular events.
Section 5. Performance Bond. The Owner shall post a $10,000.00 Performance Bond for
a period of (36) months from the date of this instrument's recording in the Public Records of
Miami -Dade County, which shall be forfeited to the City of Miami if any of the conditions herein
contained in this Declaration are breached by the Owner during said 36 month period. The
performance bond shall be substantially in the form provided by 255.05, Fla. Stat. and shall name
the City as sole oblige.
Section 6. Park Contribution. The owner shall contribute Fifteen thousand dollars ($15,
000.00) to the City of Miami Parks Department for playground improvements at Eaton Park.
Section 7. Enrichment Courses. The School shall provide community enrichment
courses that will be open to two (2) students that qualify for financial assistance on session basis.
The courses shall offer a range of topics including, but not limited to, personal improvement, visual
arts, music production, sewing, and photography. These courses will be offered to students in
addition to the minority scholarships described in Section 3.
Section 8. Prior Agreements. Upon the execution of this Amended and Restated
Declaration of Restrictive Covenants, the restrictions described in the Covenant, recorded at
Official Records Book 15168, Page 4342 — 4356 of the Public Records of Miami Dade County,
Florida, are hereby and expressly automatically terminated by mutual consent of the parties and
shall be of no further force and effect.
Section 9. Effective Date. This Amended and Restated Declaration is effective at the date
of execution hereof. This instrument shall constitute a covenant running with the title to the
Cushman Property shall be binding upon Owners, their successors and assigns. These restrictions
shall be a limitation upon all present and future Owners of the Cushman Property and shall be for
the public welfare.
Section 10. Applicable Law & Venue; Attorney's Fees. . Florida law will apply to
interpretation of this Amended and Restated. Declaration. Venue in any civil actions arising under
this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's
fees.
Section 11. Amendment and Modification. This instrument maybe modified, amended,
or released as to any portion of the Cushman Property by a written instrument executed by the then
Owners of the fee -simple title to the Cushman Property, provided that same has been approved by
the City Commission, upon a recommendation from the City of Miami Planning, Zoning and
Appeals Board as provided by law, after a public hearing which public hearing shall be applied for
at the expense of the Owner. Following a final approval of such modification amendment or
release as specified herein, the Director of the City of Miami's Planning Department or his
designee shall execute a written instrument in recordable form effectuating and acknowledging
such modification, amendment or release. Such instruments shall be in a form acceptable to the
City Attorney.
Section 12. 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'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 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. The award of attorney's fees to a prevailing
party shall not be used or enforced against the City of Miami.
Section 13. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of the Amended and Restated Declaration, which shall
remain in full effect.
Section 14. Recording. This Amended and Restated Declaration, once accepted by the
City, shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost
of the Owners, and the City of Miami Zoning Administrator will be furnished a recorded copy by
the Owners within thirty (30) days of it being recorded.
Section 15. Duration. The covenants and restrictions of this Amended and Restated
Declaration shall run with and bind the Cushman Property, the owners of the Cushman Property
and their heirs, successors and assigns, and shall inure to the benefit of the City of Miami.
Section 16. 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
in interest and assigns for an initial period of thirty (30) years from the date this instrument is
recorded in the public records and shall be automatically extended for successive periods of ten
(10) years, unless modified, amended or released prior to the expiration thereof.
Section 17. 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.
[Signature Pages to Follow]
IN WITNESS WHEREOF, the parties have executed this Amendment to be effected on
the date first written above.
Signed, Sealed, and Delivered
in the presence of:
Witnesses
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
) SS
COUNTY OF MIAMI DADE )
The Cushman School, Inca
a not for profit Florida corporation
By:
Name:
Title:
Address:
The foregoing instrument was acknowledged before me this day of , 2016,
by who is the of Cushman School., a Florida
limited liability company, on behalf of the company. He/She is personally known to me or has
produced as identification and did/ did not take an oath.
My Commission expires:
Notary Public, State of Florida
Print Name:
Commission No.:
The Cushman School Property
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Exhibit B
The Original School Property
Lots 1 through 6, Block 4, of "Bayshore Revised" according to the Plat thereof, as
recorded in Plat Book 9, at Page 60, of the Public Records of Miami -Dade County,
Florida.
Exhibit C
Additional Lands acquired since the 1991 Covenant was recorded.
Accepted by City of Miami Commission Resolution R-
Approved as to Planning Requirements:
Planning Director
Approved as to Zoning Requirements:
Zoning Director
EXHIBIT B
"1991 Cushman School Declaration of Restrictive Covenants"
15168PG4342
qEC.
DECLARATION Of RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration")
made this 3 day of \JIAA.R.a , 1991, by THE CUSHMAN SCHOOL,
INC., a not for profit Florida corporation, (hereinafter referred
to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a
municipality located within the State of Florida (hereinafter
referred to as the "CITY").
WHEREAS, the Owner holds fee -simple title to certain Property
in the City of Miami, State of Florida (the "City"), consisting of
Lots 1 through 6, Block 4, of "Bayshore
Revised" according to the Plat thereof, as
recorded in Plat Book 9, at Page 60, of the
Public Records of Dade County, Florida.
(the "Property"); and
WHEREAS, the owner is presently an applicant before the City
of Miami City Commission for a change of Zoning Classification in
the official Zoning Atlas of the City of Miami from office (0) to
government and institutional (GI) for the above described Property
(the "Change of Zoning Classification");
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
.p ; 15168P64343
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.
Section 2. Enrollment. The Owner agrees that it shall limit
enrollment of its tuition paying students to three hundred (300)
students. Additionally the Owner will grant ten (10) full
scholarships to minorities.
The Owner shall submit to the City by October 1st of each
school year, a letter from a Certified Public Accountant certifying
the amount of students enrolled for the school year;, and the
minority representation of the 10 scholarship recipients.
Section 3. Hight -Time Events. The Owner agrees to hold no
more than one night-time event per school quarter, for a total of
no more than four night-time events per school year. Each of the
night-time events shall terminate no later than 10:00 o'clock p.m.
The Owner shall submit to the City, by October 1st of each school
year, a copy of the official school calendar depicting the dates
and times of the four night-time events scheduled for the school
year.
,section 4. Traffic Flow. In order to provide increased
safety and to alleviate the vehicular congestion during morning
drop-off and afternoon pick-up of students, the Owner has
instituted a new procedure, subject to the City of Miami Department
2
REC�of . 15168 4344
of Public Works' approval, as per the herein described plan
graphically depicted in Schedule "A" attached hereto and made a
binding part hereof.
A. preschool and 1st Grade: As of October 1, 1990, all car
pools containing only pre-schoolers or first graders shall drop-
off and pick-up their children at the N.E. 60 Street turn -around
which is adjacent to the science lab. This new procedure should
relocate approximately one-third of the cars away from the entrance
at 60th Street and 5th Avenue..
B. 2nd to 6th Grades: Traffic on N.E. 4th Avenue will flow
South to N.E. 59th Street where it will flow East to Biscayne Blvd.
At Biscayne Blvd. traffic will flow North to N.E. 60th Street where
it will head West to N.E. 5th Court to the entrance at 60th Street
and 5th Court.
,Section 5. Performance Bona. The Owner shall poste $5,000.00
Performance Bond for a period of six (6) months from the date of
this instrument's recordation in the Public Records of Dade County,
which shall be forfeited to the City of Miami if any of the
conditions herein contained in this Declaration are breached by the
Owner during said six month period.
Section 6. Effective Date. If the City of Miami Commission
approves the Change of Zoning Classification, and after said
approval has become final and non -appealable, this instrument shall
constitute a covenant running with the title to the Property and
be binding upon Owner, its successors and assigns. These
restrictions shall be for the benefit and limitation upon all
3
• t 15I68T 4345
present and future owners of the Property and for the public
welfare.
Section 7. 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 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 8. 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, amended or released prior to the
expiration thereof.
Sect; on 9. Ins coon and Enforce nt. It is understood and
agreed that any official inspector of the City of Miami may have
the right any time during normal working hours of entering and
investigating the use of the Property to determine whether the
4
orr. I S I
REC.
et
f
c4346
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 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 10. Severability. 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 11. Recording. This Declaration shall be filed of
record among the Public Records of Dade County, Florida, at the
cost of the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this .Sday of� , 1991.
WITNESSES: THE CUSHMAN SCHOOL, INC.
a not for profit Florida
corporation
AD-C254;74,
5
l'i[re. I 5168T4347
STATE OF FLORIDA )
) SS
COUNTY OF DADE
Before me, the undersigned authority, personally appeared DR.
JOAN D. LUTTON, as President of THE CUSHMAN SCHOOL, INC., to me
Well known to be the person described in and who executed the
foregoing instrument and who acknowledged to and before me that she
executed said instrument under oath, and for the purposes therein
expressed.
(SEAL)
Notary Public, State of 'Florida at Large
My Coiduliesion expires:
• fiti.T.Art PliENIC.ortkre OF FLORIN
YOCOVIVON.PINFIESI JAM 27. t'a
"7•141"149# OVIMIC UNDICRW1114114.
C%.‘.4"),
%,•,:"44 01.
6
in 151681'04348
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of the Cushman School, Inc.,
desires to enter into an agreement with the CITY of Miami entitled
Declaration of Restrictive Covenant.
WHEREAS, the Board of Directors of the Cushman School, Inc., has
examined terms, conditions and obligations of the proposed Agreement with
the CITY; and
WHEREAS, the BoardofDirectors at a duly held corporate meeting
has considered the matter in accordance with the By -Laws of the corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS of the Cushman School, Inc., that the President is hereby
authorized and instructed to enter into said agreement in the name of and
on behalf of this corporation with the CITY of Miami in accordance with the
terms and conditions of the Declaration of Restrictive Covenant.
IN WITNESS WHEREOF, this day of.1_1991.
Attest:
orp�S�etary
CHAIiN, Boar of Directors
PA,..,.. N eL)4LE2 JZ
Print or Type Name
'44wa,,,,.
IORGE 1. FERNANDEZ
City Attorney
059,60
Telecop erll (305i7374.4730
August 19, 1991
A. Vicky Leiva, Esquire
Ferrell, Cardenas, Fertel & Rodriguez
Suite 19.20, Miami Center
2.01 South Biscayne Boulevard
Miami, Florida 33131-2305
Re: Cushman Schayl---Aur File No. A-90-906
Ordinance=�-
Dear Vicky:
This is to confirm my telephone conversation of August 16,
1991 with you secretary, Lenora, where she informed me that the
covenant on the above -referenced matter, recorded by your office
in the .public records of -Dade -County,. failed -to--include the
traffic flow plan, referred to in said covenant as "Schedule A".
It is my understanding that you will be re-recording this
covenant with all its attachments and that you will provide us
with .a copy of said recorded covenant.
Sincerely,
1„‘, .•/).
IMA/1bjP600 Irma M. Abella
Assistant City Attorney
cc: Jorge L. Fernandez, City Attorney
Sergio .Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
Gloria Fox, Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay, Assistant Director
Public Works Department
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
G. Miriam Meer, Chief Assistant City Attorney
OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131
0.1-ttg 7ilitiartrt
..t r.".. LE I: -; r; r
FORGE L FERNANDEI •I I`"'� �• +•' • I
City Attorney
13051 579.6700 •
Telecopfer: 13051.374.4730
August 1, 1991
A. Vicky Leiva, Esquire
Ferrell, Cardenas; Fertel & Rodriguez
Suite 1920, Miami Center
201.South Biscayne Boulevard
Miami, Florida .33131-2305
Rei Cushman School - rFile No. A-90-906
Ordinance No. "a
Dear Vicky:
I have reviewed the suggested Amendment to Opinion of Title
you faxed me yesterday, July 31, .1991, on the above -referenced
matter: and find'it to be acceptable. Please submit the said
Amendment to us in its final form,together with a copy of .the
recorded covenant made reference to in said Amendment, with all
ite .attachments, for our records.
:Cooperation. Thank you for your
'
'Sincerely,
in, f G . .
IMA%lb/P576 Irma M. Abelia
Assistant City Attorney
cci:.Jorge L. Fernandez, City Attorney
Sergio Rodriguez, Assistant City Manager
Natty Hirai, City Clerk
Guillermo E. Olmedillo, Deputy Director
Planning; Building & Zoning
Jamas.J. Kay, Assistant Director
Public Works Department
Gloria Fox,. Chief, Hearing Boards Div.
. Planning, Building & Zoning
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
G. Miriam Meer
Chief Assistant City Attorney
OFFICE OF. THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131
• • JUL ,$1 '91 02122PM t..,r1iRm FEPPELL, CARDENAS ET AL. P, 1
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JUL-31-91
FILE NO:
DATEIQ
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VACUA= TRANSMISSION
PLEASE,NOTE OUR TELEFAX NO] 30S-371473Z
E:25
/42e—d`• ee-LA
TELEFA.X NO.1
FROM:
()including Cover Sheet):
NUMBER OF PAGES BEING MITTED
SPECIAL COMMENTS/INSTRUCTIONS: 441 K--/
• eeNL-e-441. eiet
Y•e) ,fre.:.e Aeit..4....A.4.4ft•Jp
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This facsimile mains PRIVILEGED • AND CONFIDENTIAL
INFORMATION intended only for the use of the Addressee(s) named above.
If you are not the intended recipient of this facsimile, or the employee or
agent responsible for delivering it to the Intended recipient, you are hereby
notified that any dissemination or copying of this facsimile is strictly
prohfbtted, It you have recgived this facsimile in error, please Immediately
notify us by telephone and return the original facsimile to us at the above
address via the U. S. Postai Service, Thank You.
PLEASE CALL: (305)471-8585 - IF YOU DO NOT RECEIVE THE
FOLLOWING TRANSMISSION IN ITS ENTIRETY.
WED 14:14
305 371 5732 P.01
.74,31..2 91— elga3P41. treV.W.1, 51311D-i-tREFENPS E?•,...eit 1305-4q- sr
TOi
al
AMmummbuT TO .OPXY206. 191TRUN
d2TT 'OP MTAMX, i Olitical eutdiviaion of the State of ,1011014
The Opinion eft Title dated April 3, 169X, firm property legally dsogribild
Lots % through 6, 'lock 4, of "DATUM RIVICIO",
according to the Plat thereof, recorded in Plat
Zook 9. at Page 60. Of the Public Records of Dada
Countyo Florida/
' is hereby amended by
(al extendin the of Una covered from 144rah 33, 1991 at 330
P.M, t June 4. 1991 t 31/6 ,4101
(b) adding skeOption -number 6 as follows'
Daplaration of Restrictive Covenants by The Cushman school,
Inc. in favor City of Miami, filed in Offil441 MCOVIS book
of the Public Records of bade County,
•7, the undersigned, oertity that 2 Am an attorney at laM duly admitted
to prattles An the State of PI:041ft and am a minter in good standing of the
Florida Mr.
• laspeatfullY submitted this J110 day of ftly, 211434
— t10°,11311.1RP ,PIVE"Fig
JUL-31-91 WED 1.4!14
305 371 5732 P.02
MILTON M. FERRELL, JR.
ALBERTO P. CARDENAS
ALAN K. FERTEL
MILY RODRIGUEZ
DAVID B, MISHAEL
A, VICKY LEIVA
GUY K, STEWART, JR.
PETER 5, KNE2EVICH
Ms. Matie Hirai
City Clerk
City of Miami
3800 Pan American
Miami, Florida
Re:
Dear Matie:
LAW OFFICES
FERRELL, CARDENAS, FERTEL, RoDRIG UEZ 8c MIsi A EL
A PROFESSIONAL ASSOCIATION
SUITE 1920, MIAMI.CENTER
201 SOUTH BISCAYNE BOULEVARD
MIAMI, FLOIZEDA 00131.2008
March 4, 1991
Drive
The Cushman School
This letter is
the Cushman School
continued in part
Meeting.
TELEPHONE (305) 371.5585
TELECOPIER (30S) 371•5732
CO
se
-0 T
-< i
cn
to identify to you the different portioz1 of
property as they were approved in part and
at the February 28, 1991, City Commission
The city Commission approved that section referred to as the
triangle with a legal description commonly referred as:
Lots 1 through 6, Block 4, of "Bayshore
Revised" according to the Plat thereof as
recorded in Plat Book 9, at Page 60, of the
Public Records of Dade County, Florida.
The remaining portion of the application has been continued to the
second City Commission Meeting ' during the month of July 1991.
Please note that both portions had received a first reading at the
City Commission Meeting of November 8, 1990; therefor the "portion"
continued shall be scheduled for its second and final reading in
July, 1991.
AVL/mcg
Very truly yours,
. VICKY/LEIVA
/0gS�/
I'•
?I�
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
' FROM :
Matey Hirai
City Clerk
G. �Tfit'ial Maur
Chief Assistant City Attorney
Zoning/Development Division
DATE ;
SUBJECT :
REFERENCES:
ENCLOSURES;.
March 6, 1991 A4904-906
Cushman School Covenant
Item No. PZ-18, City
Commission Meeting of
February 28, 1991
• Please know that the City Commission at its
February 28, 1991 hearing, approved item No. PZ-18, with respect
to Lots 1 through 6, Block 4 of "Bayshore Revised" according to
the Plat thereof as recorded in Plat Book 9, at Page 60 of the
Public Records of Dade County, Florida, and continued it to the
second City Commission meeting of the month of July, 1991 with
-respect to the remainder of the property for which a change of
.zoning is sought.
GMM:ra:820
cc: Jorge L. Fernandez
City Attorney
Robert F. Clark
Special Counsel
Guillermo Olmedillo, Deputy Director
Planning, Building & Zoning Department
Gloria Fox, Chief
Hearing Boards Division
Irma M. Abella
Assistant City Attorney'
:M
Mm
log51
LOCATION/LEGAL
APPLICANT/ORTIER
P118
ZONING FACT SKEET
Block bounded by Biscayne Boulevard
NE 60 Street, and NE 5 Court; and
Approximately 602 NE 80 Street
All of Block 4 and
Lots 2 k 3 •
Block E
Bayahore Revised (9-60)
Cushman School
592 NE 60 Street
Miami, FL
Phone 757-1066
Alberto CarSenan. ya
Ferrell, Caldeans, Portal, Se4rignees' i Baal
201 S Slaeagne Blvd Ste 1920
Keel, 11'1 33131-2305 Phone 371-8585
ZONING RG-2/4 General Residential.
REQUEST
Change of. Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 11000, as
emended, the Zoning Ordinance of the City of
Miami, from 0 Office to GI Governmental and
Institutional.
RECOMMENDATIONS
RLANdING DEPARTMENT APPROVAL, The proposed zoning change requires
a plan amendment that has been sent to the
Department of Community Affairs as part of
comprehensive amendments approved on first
reading by the City of Miami Commission on July
26th, 1990. Second reading will be tentatively
scheduled for December 1990. The subject site
is owned by the Cushman School; the Miami
Comprehensive Neighborhood Plan (1989-2000)
establishes that Major Public Facilities,
Transportation, and Utilities designation allow
"...cultural, religious,' or educational
activities..." The proposed zoning change to
G/1 - Governmental and Institutional Use.
be appropriate.
10851
PUBLIC WORKS
DADE COUNTY TRAFFIC
AND TRANSPORTATION
ZONING::BOARD
-CITY COMMISSION
Right-of-way dedication required on Biscayne
Boulevard.
Florida Department of Transportation review for
US I (Biscayne Boulevard) may be required.
At its meeting of September 17, 1990,
the Zoning Board adopted Resolution
ZB 77-90 by a vote of 6-0, recannending
approval of the above.
One OPPONENT"was present at. the meeting;
Six PROPONENTS were present at the meeting.
Two replies in OPPOSITION were received
by mail; Two replies in FAVOR were received
by mail.
At Its meeting of October 25, 1990, the City
Commission deferred the above;
At its meeting of November E, 1990, the
City Commission passed the above on • First
Reading.
At its meeting of January 24, 1991, the
City Commiasi,on continued the above.
10851
1:iiiiniiill
a
PRII211!21,31„,"
• 1!
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ao�I TRACTJ'i1"
gA
V N E. 62 ST
!fin ' 1E2ODOCRIME112111111M11
rInIzrzogi Ems!
» I110
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BAYOEN St)
o: lr 11(1•
•
14Ia �11 ®0
ea ea•
0° 8T
I • . ,.:
,. , °ys : G° 1•4I; MP; I': I'T\I'1o'.
10851
108514"
ANALYSIS
IEa St SA
X The proposed change is in harmony with the
adopted Miami Comprehensive Neighborhood
Plan 1989-2000, and does not require a plan
amendment.
The proposed change is in harmony with the
established land use pattern.
The proposed change is related to adjacent and
nearby districts.
The change suggested is within scale with the
needs of the neighborhood or the City.
The proposed change maintains the same or similar
population density pattern and thereby the load on
public facilities such as schools, utilities,
streets, etc. is the same.
Existing district boundaries are illogically drawn
in relation to existing conditions on the property,
proposed for change.
There are changes or changing conditions that
make the passage of the proposed change
necessary.
The proposed change positively influences living
conditions in the neighborhood.
The proposed change has the same or similar
impact on traffic and does not affect
public safety as the existing classification.
The proposed change has the same or similar
impact on drainage as the existing
classification.
The proposed change has the same or similar
impact on light and air to adjacent areas as the
existing classification.
The proposed change has the same or similar impact
on property values in the adjacent areas as the
existing classification.
The proposed change will contribute to the
improvement or development of adjacent property in
accord with existing regulations.
10 3514a
Um. Ea NIA
The proposed change conveys the same treatment to
the individual owner as to the owner within the
same classification and the immediate area; and
furthers the protection of the public welfare.
There are substantial reasons why the use of the
property is.unfairly limited under existing
zoning.
It is difficult to find other adequate sites in
the surrounding area for the proposed use in
districts already permitting such use.
•
10851
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83-
I� Juan J. Mayol, Jr., , herepy apply to the City Commis-
sion of the nary or warm tor en amenament to the Zoning Atlas of the City of Miami as
mare particuiariyaescrioea herein and, In support of that request, furnish the following
informations
I. Address of property 592 N.E. 60th street
x 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attor.tt to
application)
3..Affidavit disclosing ownership of property covered by application and d sciosure of
interest form (Form 4-83 aria attacn to applicatton).
4. Certified 11st of owners of real estate within 375' radius from the outside
boundaries of Property coveredby this application. (Soo Forrn 6-83 and atsach to
appltcotion.J
x S. At least two photographs that show the entire property (land and improvements).
x 6. Atlas sheets) an which property 14
a
x 7. Present Zoning Designation
X 8. Proposed Zoning Designation
office
government and institutional
X•9. Statement explaining why present zoning designation is inappropriate. (Attach to
appttcattot)
x.10. Statement as to why proposed zoning designation is appropriate. (Attach tc appll-
cotton)
11. Other (Specify)
?‹ 12. Filing Fee of S according to following schedule:
(a) To: RS-1, RS-1.1, RS-2, $ 0.12 per sq.ft. of net lot area,minimum
RG-1, PD-H, PD-HC, $550.00
(b) To: RG-2, RG-2.1, $ 0.14 per sq.ft. of net lot area,minimum
RG-2.3, R071, $600.00
RO-2.1
(c) To: RG-2.2, RG-3
R0-3
$ 0.16 per sq.ft. of net lot area,minimum
$650.00 10851
(d) To: CR-I, CR.2,
CR-3, 0-1, CC-1, $750.00
CC-2, WF-I, WF-R,
1.1,1-22 SPI-1,2,5,7,
0,11,12
(e) To: co-;,BSPI-6
$ 0.20 per sq.ft. of net lot area,dnimum
$ 0.22 per sq.ft. of net lot area,minimum
$850.00
(f) For any change in a sector number only, for a particular district classifica flan, the fee snali be the some as for a change i its district classification, as
shown in (b) through (e) above.
phone (305) 579-0570
STATE OF FLORIDA ) SS:
'COUNTY OF DADE )
JUAN J. MAYOL, JR.
says that ne is the luwnert lAurnorizea Agent tor
answer to question // 1, above; that he has read the for
true and complete; and Of casing as agent for owner)
petition on behalf of the owner.
SWORN TO AND SUBSLIBED
of befo(Zei7 8Lc
v
MY COMMISSION EXPIRES:
NOTARY P':8l'." ST,T Dr ;'LDRMDA
VY t;t' 70, ^CT !' :591
DOMED 1,11 :. G^dl 1G'1, J9D.
, being duly worn, deposes and
t the real property described in ,
ng answers and that the same are
at he as h . city to - e this
ruche, orate or r loriaa or Large
10851
r,
AFFIDAVIT--— -
COUNTY OF DADE )
Before me, the undersigned authority, this day PersonallY
appeared JUAN J. MAYOL, JR. , who being by me first duly sworn.
upon oath, deposes and says:
1. That he is the owner,.or the legal representative of the
owner, submitting the accomparnyisng application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Miami,.F]orida,
effecting the real property located in the. City. of. Miami as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and complete permission for him to act in their behalf for the change
• or modification of a r1Aea{fication or regulation of zoning as set out in
the accompanying petition.
3. That the pages attached hereto and made a part of this
affidavit-coatain the current names, mailing addresses, phone' numbers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts 'as represented in the application and documents
Submitted in conjunction with this affidavit are,true and correct.
Further Affiant sayeth not. /11
/ !
(SEAL)
STATE OF FLORIDA)
SS.
Sworn to and,Subscribed before me
this sz day of Ca c. c . 19 9o.
Na ary Public, State of Florida at Large
My Commission Expires:
B06C5� THnl`GEi:RAL'Il . 11;lp,t
10851
Owner's Name
OWNERS LIST
The Cushman School
Mailing Address 592 N.E. 60 th Street
Telephone Number (305) 757-1966
Legal Description:
SEE EXHIBIT "A"
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address .
Telephone Number
Legal Description:
Anyother real estate property owned individually, jointly, or severally
lby corporation, partnership or privately) within 375' of the subject
site. is listed as follows:
Street Address Legal Description
SEE EXHIBIT "B"
Street Address
•
Street Address
Legal Description
Legal Detcription.
/..V:Ed EZ 91111 06.
10851
DI8CLCSURE OF OMERSaIp
1. Legal description and street address of subject real property:
SEE EXHIBIT "A"
2., .Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
►Fav:.ng a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested pai:ties,
together with their addresses and pr„.Lionate interest.
The Cushman School, a not for 100%
profit Florida corporation'
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question 42, and (b) located within
375 feet of the subject real property.
COLVIT OF DADE )
SEE EXHIBIT "B"
STATE OF.FLORIDA ) SS:
Juan J. Mayol, Jr.
, being duly sworn, deposes and
says ,that ne is the ( (Attorney for Owner) of the real property
described in answer to question 41, above: that he has read the foregoing
• answers and that the same are true and ccapletey'and (if acting as attorney
for owner) that he has authority to execvW 'this of Q�nership
form on behalf of the owner. I
(y� I
SWORN TO AND SUBSCRIBED
before me this _9:3
day of , 19Q10
MX COMISSION EXPIRES:
Public, State
Florida at Large
NOTARY PL?.1C STATE AF FLCn1CA
HY C(iti!T3 ' ''2. C:T 12,091
SW:0 To': 3 ,:r•.L .,..'iD.
10851
STATE OF FLOS1DA ) SS
COL OF DADE )
Juan J. Maya, Jr,
says that he Ls tne duly appoi.ntea attorney
the owner of the real property aescrioed in
that he has read the foregoing answers; that
plete; and that he has the authority to exe,
ship form on behalf of the owner.
SWORN TO AND SUBSCRIID
before me 2.thi.41ED
day of G47s:1
MY COMMISSICN MIES:
NOTOW PLC SILT! et tiCITell
txxo r.;t! L U4D,
CIV/wPciab/025 Zfr:CdEF 011 06.
being duly sworn, deposes and
of
answer to question #1, move;
the same are true and tom -
cute this' Disclosure of Owner -
Name
c, State or
Florida at Large
)
10851
EXHIBIT A
Street Address Legal Description
592 N.E. 60th Street
592 N.E. 60th Street
Lo ess the
Block E, o
according to
recorde Plat
60 he Public
unty, Florida.
south
3
e t ,..
evised,"
at ergot, as
Book 9 age
Records of Da•
Lots 2 and 3, Block E, of "Bay -
shore Revised," according to the
Plat thereof, as recorded, in Plat
Book 9 at' Page 60 of the Public
Records of AAade Cou ty, Florida.
Ktd i.{1
Lots 1 through 6,. Block 4, of.
"Bayshor " according to the plat.
thereof, as recorded in Plat Book
9, at Page 60 of the Public
Records of Dade County, Florida.
10851
9a-
!MBIBUT A
Begin at a point 258 feet south and 496 feet west of the
:gut"east corner of the T.W.!1/4 of Section 18, Township 53
_ouch, Range 42 East !or a Point of Beginning, thence west
:aral2_l 'to -the south Line of said N.W. 1/4 a distance of 60
=et, thence south parallel to the East :sine of the S.'. 1/4- of
raid Section 13, a distance of :00 feet.; thence :ast ;parallel to
the south 'line of said N.W. 1/4 a distance of 60 feet thence
:lorth.. parallel to the East tine of said S.W. 1/4 a. distance of
.100 _eet to the Point of Beginning, lying and being ',a Dade
•:ounty, Florida also known as 525 N.E. 60th Street.
Lot 9, Block 3, Map of Bayshore, according to the plat thereof, as recorded
in `Plat Book 5, Page 116, among the public records of Dade County, Florida; also
known as 5995 N.E. 5th Avenue.
1.0851
96
STATEMENT IN SUPPORT OF APPLICATION
FOR REZONING FILED ET THE CUSHMAN SCHOOL,
A NOT -FOR -PROFIT FLORIDA CORPORATION
The current "Office" zoning classification of the property is
inappropriate because the property has been devoted to school
related uses for over sixty years. The office designation would
not allow the existing school or its future expansion. Moreover,
the _-current zoning classification does not reflect the new
designation of the property in the. Comprehensive Neighborhood Plan
' for. major public facilities, transportation and utilities. The
.requested designation of. "government and institutional" would be
consistent with the current designation of the property in the
city's Comprehensive Neighborhood Plan. Moreover, the "government.
and. institutional" zoning designation would allow, as a permitted
principal use, schools, colleges and universities, public and
private, conservatories, and dancing schools.
• «nuwu+aduw.1M
10851
/el
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
of
THE CUSHMAN SCHOOL, INC.
(a Florida Not for Profit Corporation)
With respect to the Articles of Incorporation of The
Cushman School, Inc. filed with the Secretary of State of
Florida on September 18, 1971, these Amended and Restated
Articles of Incorporation of The Cushman School-, Inc. have been
adopted by a resolution duly adopted by the Board of Directors
.of the Corporation on April 21, 1988 and approved by a majority
of the members present at a meeting duly called on April 21,
1988'at which a quorum was present, and amend and renumber
Article II as Article III, delete Article III, amend in its
entirety Article IV, renumber Article V as Article II, amend in
its entirety and renumber Article VI as Article V, delete
Articles VII'and VIII, create new Article VI, renumber Article
IX. as Article VII, delete Article X, and amend in its entirety
and renumber.Article XI as Article VIII.
INC.
ARTICLE I
NAME
The name of this Corporation shall be THE CUSHMAN SCHOOL,
10851
//
ARTICLE II
TERM OF CORPORATE EXISTENCE
This Corporation shall have perpetual existence.
ARTICLE III
PURPOSE
The purpose of The Cushman School, Inc. is to own, operate
and maintain a day .school which will emphasize character
development, academic excellence, and physical progress in a
.nuturing, wholesome atmosphere. Reasonable efforts will be
made to ensure the success of each student.
The following aims shall be pursued to accomplish this
purpose;.
1. A happy attitude,
2. Acceptance of the tasks of growing and learning as a.
personal responsibility,
3. Industry and perseverance in accomplishingthese
accepted tasks,
4. Honesty with self and with others in every phase of
living,
5. Growth in ability to attack learning problems and to
use judgment in changing situations,
6. Self control and poise,
7.. Wholesome personal habits,
8. An attitude that seeks to understand others' point of
view and is ever tolerant and kind,
2
10851
9. Gracious unfailing courtesy, and
10. Appreciations that enrich life.
ARTICLE IV
MEMBERS
Section 1. There shall be one class of members, which
shall consist of regular members. To be qualified to be a
member, a person must be:
(a) a graduate of The Cushman School and at least
eighteen years of age, or
(b) a parent or legal guardian of a child currently
attending The Cushman School; provided that such
parent's or legal guardian's membership shall
automatically terminate on the last day on which
such child of the parent or legal guardian was in
attendance at The Cushman School.
Section 2. A person who is qualified to become a member of
the Corporation shall become and be deemed a member upon the
certification by the secretary of the Corporation that such
person is so qualified.
Section 3. The Board of Trustees by affirmative vote of
two-thirds of all members of the Board may suspend or expel a'
member for cause after an appropriate hearing.
3
Section 4. Any member may resign by filing a written
resignation with the secretary of the Corporation.
Section 5. Each member shall be entitled to one vote.
Membership in this Corporation is not transferable, or
assignable.
ARTICLE V
BOARD OF TRUSTEES
Section 1. The business of the Corporation shall be
managed and its corporate powers exercised by a Board of
Trustees. The Board of Trustees shall,have full power in the
management -and control of the policies, activities, funds and
all
the
affairs of any and every nature of the Corporation.
Section 2. The'Trustees may, but need not be, members
Corporation and residents of the State of Florida.
Section 3.
The Board of Trustees shall consist of
of
not
fewer than three nor more than eighteen members, as shall be
fixed in the Bylaws. The Board of Trustees shall be divided
into three classes, designated Class I, Class II and Class.
III. Each class shall consist, as nearly as possible, of
one-third of the total number of Trustees constituting the
entire Board.
Section 4. Upon, or as soon as practicable following, the
filing of these Amended and Restated Articles of Incorporation,
4
10851
/(
at a meeting of the currently existing Board of Directors
called :for such purpose, Class I Trustees shall be elected for
a one-year term, Class II Trustees for a two-year term, and
Class III Trustees for a three-year term. At each succeeding
annual meeting of members, successors to the class of Trustees
•
whose term expires at that annual meeting shall be elected for
.three-year term. If the number of Trustees is changed .in
accordance with the terms of these Amended and Restated
Articles of Incorporation,
P , any increase or decrease shall be
apportioned among theclasses s,o as to maintain the number of
Trustees in each class as nearly as equal as possible, and any
additional Trustees of any class elected to fill a vacancy
resulting from an increase in such class shall hold office for
a tern that coincides with the remaining term of that class;
but: in no case will a decrease in the number of Trustees
shorten. the term.of any incumbent Trustee.
Section 5. A Trustee shall hold office until the annual
meeting ..for the year in which his term expires and until his
successor shall be elected and shall qualify, subject, however,
.to Trustees prior death, resignation, disqualification or
;,removal from office.
Sect. Any vacancy on the Board of Trustees that
results from a newly created trusteeship may be filled by the
affirmative, vote of a majority of Trustees then in office. Any
5
10851
/3
other vacancy occurring on the Board of Trustees may be filled
by a majority vote of the Trustees then in offices, although
less than a quorum, or by a sole remaining Trustee. Any
Trustee elected to file a vacancy not resulting from an
increase in the number of Trustees shall have the same
remaining term as that of his predecessor.
Section 7. Any Trustee may be removed from office at any
time with or without cause by the affirmative vote of
two-thirds of the entire membership.
ARTICLE VI
'EARNINGS AND ACTIVITIES OF CORPORATION
_Section 1. No part of the net earnings of the Corporation
*hall be distribUted to, or inure to the benefit of, any of its
trustees, or officers, except that the Corporation
'!•:shall be _authorized and .empowered to pay reasonable.
compensation for services rendered and to make payments. and
!:*dieributions. in furtherance of the purposes set forth iri
Article III hereof.
Section 2. No substantial part of the activities of the
Corporation shall be the carrying on of propaganda or otherwise
attempting to influence legislation (except as otherwise
provided in Section 501(h) of the Internal Revenue Code of
1954, as amended (or the successor or successors to that
6
10851
statute)), and the Corporation shall not participate in or
•-.intervene in (including the publishing or distributing • of
. statements) any political campaign on behalf of any candidate
for public office.
Section 3. Notwithstanding any other provision of these
Amended and Restated Articles of Incorporation, the Corporation
ehall-not carry on any other activities not permitted to be
carried on by a corporation exempt fromFederal .tncome tax
Oder:.,Sectittin 501(c)(3) of the Internal Revenue Code of 1954,
as amended (or the successor or successors to that statute); or
by corporation-, contributions to which are deductible under
Section 179(c)(2) of the Internal Revenue Code of 19.54, as
. ,n amended ,(or[the successor or successors to that statute).
Section 4. Notwithstanding any other provision of these
AMended and Restated Articles of Incorporation, this
•.Corporation• shall not, except to an insubstantial degree, •
- ' engage-. in any activities or exercise any powers that are not in
filitberanCe of the pUrposes of this Corporation.
ARTICLE VII
DISSOLUTION
. .In the event of dissolution of this Corporation, its assets
shall be transferred to an organization or organizations with
similar purposes and aims, which said organizations shall be
7
108t1
/7
.the typedescribed in Section 501(c)(3) of the Internal Revenue
Code of 1954, or the successor or successors to that statute,
—and shall. have similar tax exempt status under the laws Of the
state or states in which such organization or organizations
shall have been formed or be Operating.
• ARTICLE VII/
AMENDMENTS TO AMENDED AND RESTATED ARTICLES OF INCORPORATION
.These Amended aridRestated Articles of Incorporation may be
altered,. amended or repealed as provided in Section 617.017 of.
the Florida .Statutes (1385), as amended, for "all -other
CorPorations."
IN WITNESS HWEREOF, the undersigned president and secretary
of'the.Corporation have hereunto set their hands and seals as
Of:this day of May, 1988.
8
Joan Lutton, resident
, Secretary
•10851
/ff
STATE OF FLORIDA
COUNTY OF DADE
) SS:
1 HEREBY CERTIFY that on this day personally appeared
'befOreMe, the undersigned authority, Dr. Joan Lutton, to me •
well known and well known to me as the person who executed the
.foregoing instrument and acknowledged before me that she
executed :the same freely and voluntarily for the purpOses.
therein set forth and expressed.
• IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Official_ seal on this 4 day of May, 1988.
•
I 9 C
3)7.44
Notary Public, State of Florida.
My Commission Expires:
• ' "
9
was published In said newspaper In the issues of
March 26, 1991
MIAMI REVIEW
Published DailyexceptSaturday, Sunday and
Legal Holidays
Mlaml, Dada County, Florida,
STATE OF FLORIDA
COUNTY OF DADE: p
the d
ore
SooklolWilliams, whoion deth,saysythat shell is app
theoWoe
President of Legal Advertlaing of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In bade County, Florida; that the attached
copy of advertisement, beings Legal Advertisement of Notice
in the matter of
CITY OF MIAMI
Ordinance No. 10851
In the ...X •X , X Court,
newspaper published at athat the
esaid dDadie County eFloride
end that the paid newspaper has heretoforebeen continuously
published In said Dade County, ach day (except
Saturday,. Sunday end Legal Holidays) and Florida,Nma been entered as
n said
Dade
second as mall matter a1 the oat office In Miami i�..un Flarttla, lot a parlor of one year next preceding
Iha 11 at p •iloallon of the attached copy of advartleement• and
a111a 1 (urt•. er says that she has neither pald nor promised any
pers•n, 1 or corporation any discount, rebate, commission
or r for the Moose of securing this advertisement for
pubs • Ion In th jald newepaP9r•
.. •26tIk,y of ....
(SEAL)
tivretfrtandombsoribed before me this
oRY
4.OF n19?•,r
"OFFICIAL NOTARY SEAL"
CHERYL H. HARMER
MY COMM. EXP. 4/12/92
EXHIBIT C
"Change of Zoning Ordinance'No. 10851"
J-90-859
2/28/91
ORDINANCE NO. 10851
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CYTY OF MIAMI, FLORIDA, SAID
ATLAS HAVING BEEN INCORPORATED IN THE
ORDINANCE BY SECTION 300 THEREOF, BY CHANGING
THE ZONING CLASSIFICATION FROM 0 OFFICE TO GI
GOVERNMENTAL AND INSTITUTIONAL FOR THE BLOCK
BOUNDED BY BISCAYNE BOULEVARD, NORTHEAST 60
STREET, AND NORTHEAST 5 COURT; ALL DESCRIBED
AS ALL OF BLOCK 4, BAYSHORE REVISED, AS
RECORDED IN PLAT BOOK 9, AT PAGE 60, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
N0. 14 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of
September 17, 1990, Item No. 6, following an advertised hearing,
adopted Resolution No. ZB 77-90, by a six to zero (6-0) vote,
RECOMMENDING APPROVAL of a change of zoning classification, as
hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas contained in Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, said atlas having been incorporated in the Ordinance by
Section 300 thereof, is hereby amended by changing the zoning
classification from 0 Office to GI Governmental and Institutional
for the block bounded by Biscayne Boulevard, Northeast 60 Street,
and Northeast 5 Court; all described as all of Block 4, Bayshore
Revised, as recorded in Plat Book 9, at Page 60, of the Public
Records of Dade County, Florida.
Section 2. It is hereby found that this zoning
classification change:
10851
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
(h) will not .create -or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property values in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 3. Page No. 14 of the Zoning Atlas, made a part of
Ordinance No. 11000, as amended, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
-2-
10851
PASSED ON FIRST READING BY TITLE ONLY this
8th
day of
November , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of February
AT
HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
0641/40 A co-\
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
.0e-ri
410 GE L. RNADTBEZ
CITY. ATTOR EY
GMM/rMa/M712
-3-
XAVIER L, UAREZ, MAYOR
111,0b511.
JORGE L. FERNANDEZ
City Attorney
Tag f 3 Yhxri
September 6, 1991
A. Vicky Leiva, Esquire
Ferrell, Cardenas, Fertel & Rodriguez
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131-2305
Re: Cushman Schoo3...3 File No. A-90-906.
Ordinance t5 10851
Dear Vicky:
Thisis to confirm receipt of the recorded covenant and
traffic flow plan on the above -referenced matter. I will be
informing the Planning, Building and Zoning Department that all
the required documents have been submitted by the Owner' and that
they have received the Law Department's review and approval as to
form and correctness.
i3051 579.6700
Telecopler: (305) 374.4730
incerely,
Irma M. Abella
Assistant City Attorney
IMA/lb/-P613
cc: Sergio Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
Joseph.Genuardi, Zoning Administrator
Planning, Building & Zoning
Gloria Fox, Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay, Assistant Director
Public Works Department
G. Miriam Maer, Chief Assistant City Attorney
OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131
CITY OF MIAMI, FLORIDA
INTER•OFFICE MEMORANDUM
To: Guillermo E. Olmedillo
Deputy Director
Planning, Building & Zoning
FROM
Irma M. Abella
Assistant City Attorney
DATE
SUBJECT
REFERENCES.
September 6, 1991 F,LE A=90-906
Cushman School
Ordinance No. 10851
ENCLOSURES:
Enclosed are the recorded covenant filed by the property
owner on the above -referenced matter and the traffic flow plan
which is a part of said covenant. The property owner has now
submitted all the documents required of it on this matter, and we
have reviewed and approved said documents as to form': aid
correctness. -
IMA/lb/P615
cc: Sergio Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
Gloria Fox, Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay, Assistant Director
Public Works Department
G. Miriam Maer, Chief Assistant City Attorney
C
-J
kill
rr
rm
frit
EXHIBIT D
"CC — Minutes Cushman School Rezoning"
td
A.Ya�SiwY411WWW�.Lu1.YlkWai'iYs3tY4WA.tiY.lm�'4Cna w y,YY . . a . .. W ✓4 v4a1 d9.Wr
67,. (A) %UST READING ORDINANCE: AMEND :11000 W CHANGE DESIGNATION OP
BLOCK BOUNDED BY BISCAYNE BOULEVARD, N.E. 60 STREET AND N.E. 5
COURT, AND SO2 N.E, 60 STREET FROM 0-oi?PICE TO GI -GOVERNMENTAL
AND;INSTITti'IIONAL (Applicant: Cushman School).
(B)_ BRIEF' COMMENTS CONCERNING PLANET OCEAN SCHOLARSHIPS,
Mayor Suarez: PZ-3. .
Vice Mayor Dawkins: What's the recommendation of administration on PZ-3?
Mr..Olmedillos It's approval. The:zoning board recommends approval, also
Mayor Suarez: OK, does anyone Wish to be heard against the application of PE, -
a?
Vice Mayor'Dawkins: So moved.
Mayor Suarez: Let the.record reflect no one stepped... yes,, you are going :to
speak.against,:sir?- OK, could you please be sworn in along with Mr.' Cardenas,
and anyone from, including Doctor Lutton. .
Vice Mayor Dawkinss Anyone who wants to speak pro, or con, please•stand to be..
sworn. .We can ewear.you in_•right here,
NOTES-- AT THIS -POINT, THE CITY COMMISSION :TEMPORARILY -TABLES
.CONSIDERATION OF PLANNING AND. ZONING AGENDA. ITEMS TO CONSIDER AN....;
.:.ITEM FROM THE REGULAR PORTION OF THE AGENDA.
Mayor Suarez: •,OK,, thank you all. :We will hear from the appellant:• which
guess ,is the. applicant, which I:guess is the Cushman School, is that. correct;:::`
counselor?.
Mr. Al. Cardenas: -That's correct, Mr. Mayor.:
Commissioner Plummer: May I inquire, is Cushman School for profit?
Unidentified Speaker: No, sir.
Mr. Cardenas: No, sir.
Commissioner'Plummer: It:is a non profit' organization?.
Mr. Cardenas: Right.
Mayor. Suarez: OK.
Commissioner Plummer: How many square feet are in+tolbed: in this street
closure, of the..depart:isent? r hello, _how. . many :square feat : of property is `
involved in this closure?
Mr. Rodriguez: There is no street closure in this case.
Commissioner:Plummer: What is.it?
Mr. Rodriguez: This is a change of zoning.
Mr. Fernandez: Change of zoning.
Mr. Oimedillos It is a change of zoning to comply..,
:Commissioner Plummer: They are not proposing to.close.tha street.
Mr. O1medil,io: No, that's number 4.. Thisi ie PZ-3..
Commissioner Alopeoz No, that's..the.noxt item..,.:
Commissioner Plummer: That's the next item?
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Mr. Olrnedillot Right,
Commissioner Plummer: OK. So 1 want you to calculate how many square feet of
property they Would possibly acquire if this was approved.
Mr. 01medillo: Pt-3 to that it's clear, is a zoning change to comply with the
comprehensive plan,
Commissioner Aloneo: The next item is the one, this one is just a phange of
zoningi
Comaisoicner Plummer: Oh, OK, fine, whoever,.. .
Mayor- Suarez:. OK. When we get to PZ-4 1 guess you will get into the
considerations that you are thinking about, OK? On PZ-3, please tell ne what
your application in.
Mr. Cardenas: Thank you, .For the record, my name is Al Cardenas,.1.:em here
representing the applicant, Cushman School. We are not involved in item PZ-4
at all.. What we have here before you, is our seeking a zoning change to
correspond with a comprehensive master plan. change •which you have already.
approved. The staff has agreed with ue over the last year or two, that when
the 'City adopted -,the comprehensive, the new .comprehensive master .plan, it.'•
designated this property for office use, as is the property in the school. We
both agreed that the appropriate use of the property is it's current use,.:: and_.
its use for the. last. sixty years, which is as an institutional use. We
therefore went before you, and you have approved on first reading,• a change in
the comprehensive master.plan to change.the land use designated for the area
to governmental institutional. As a result of that change which you have
already. sent: to the DCA.in•Tallahassee, we are now before you on a zoning
change'so. that the zoning to the property on first reading will correspond.
with the land use that you've already approved unanimously. The zoning change`
which weare requesting has already been approved,: or:recommended approval by '
the zoning board unanimously, and it corresponds to the land use -which you •
yourselves have unanimously recommended for approval. :What .this =wi1:l do:,;is
permit- usto change from office zoning clasaification,-::to.ipermit'..the.
institutional .classification which allows :us an ample -.use of the property
owned by the school for that purpose which is a school, and it'.s been a, school
for.sixty years:
Commissioner. Plummer: . What would you do ifeit's approved. that:you can't .do
today?
Mr. Cardenas: ,If: you. approve it today, if• you. didn't approve -it today, there'
is -a property which we have that we would not be able to use for a,school,;
which'is.the:property at approximately 592 NE 60th Street.;
Commissioner Plummer: Show me on the map where that is. The blue?
Mr. Cardenas: That's the triangular piece. a•`
Commissioner Plummer: Oh. That presently is what?
Mr. Cardenas: .The, school is: there now, it:'s designated. ae.office use
Conmissioner..Plummers :;.Myquestion now :was in not the negative, ;but the
forward.::What, can you.do..if thie is approved today that you couldn't do if::it
wasn't approved? Are you planning?...
Mr. Cardenas: We have to... well, let me finish., We :own all ,of that-
property,.not only the:triangular piece, but.the°piece behind,it
Commissioner Plummer: Yes, sir.
Mr. Cardenaec If we don't change the land use and zoning deaignationi we°
would . have to go through a number of variances;... -that we . vould :.not. under
institutional, there are setback variances „ ,
Commissioner_Plunmers In co many words, ;are you trying,to tell pse that ynu s,r'
went to expLlnd?
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PAVIA
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Mr, Cardenas: No, .not expand, We Are going to.., wail Wand .io .an
appropriate word, not.'neoeeaariiy in square footage, but• in use, Does that
make sense to you?
Commissioner Plummet-: Gives -you More density? Is that what it id?
Mr. Cardenas: No, what we are trying to do is, there ate existing units it
ithe proportion that we seek to change to institutional: Those had previously:
been used for residential purposes, and we want to use them for whet it is •.
that they are intended to be used for, which is part of the school. And with_
the institutional designation, we feel it's much more appropriate to 66 so
than:With the office designation. Because one, it's easier to Comport with
the code requirements, two, the dwellings are there, we are not going to'
change•them; three, :it's already part of a school:
'Commissioner Plummer: OK, i understand.
:Vice Mayor Dawkins: Who.owns parcels 4,.5, and 6? •Yea, that one there, who
owns that?
Mayor Suarez: And are they here by any chance?
Mr. olmedillo: just checking the file, I'll give it to you right away.
Vide Mayor Dawkins: No, no, no. I mean, do they want their property rezoned
also, or are we rezoning this?...
Mr.. olmedillo: No, the application is only for the amber color.
•
Vice Mayor Dawkinsr Yea, but you see, you are changingthe zoning'
classification on two' parcels.
Mayor Suarez: Next. to them.
Vice Mayor Dawkins: .So now we've got three parcel that you are not touching';.,':
that if they come in; we will have to grandfather them in;'and if: they;
•want:it;.'.they're going to. Al, :did .you contact those•people?
Mayor Suarez: Do -:you have any-idea.how they feel about it?. -:those three?
Mr. Cardenas: Sure. With the exception of a gentleman who_ is` here,everyone):>
is in' favor - of.. what". we ..•are proposing in the neighborhood "As .a'°matter•; of
:-:think' if • you 'ask'•the neighbors, they've been •delighted with
improvements we,have been.making, thanks to you...
Vice Mayor Dawkins: Al, Al, Al, Al.
Mr. Cardenas: Yes, sir,
•Vice Mayor Dawkins Four,_five; and six, did you contact diem?.
' Mr.:Cardenas: Yes;. sir.
Vice Mayor Dawkins: OK, and-what•did they say? I don't want.: to know about
the rest of the neighborhood. See all of you iittle'youngatere out there,;:
watch him closely. ,Grow up and • be a lawyer, and be • a zoning..,lawyer, he .is.
getting paid well for this,
Mr. Cardenas: Pro bono._
Mr. Olmedillos For the•record, Vice Mayor, .the lot 4, a..owned.by henry Boyd,`
lot 5,::by Leon Corn,.and lot 6 and-7 by Florida Caribbean Propeity Inc.
Vice Mayor Dawkins: OK, thank you. 'Go ahead Mr: Cardenas
Mr. Cardenas: Those are apartment .buildinge.on.,thoee''threa`.loto: and it'd
acceptable to the..ownera•what we areproposing,hare toda
Mayor $uaroz: • OK. What is the statue :i there is a eal,e I to ni5. of
iinatitutioital uea7
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Mr. Cerdeias: Well obvi6usly, whomever would purchase it, would be subject to
the lead use.and noting of the property which is government institutional. We
plan tm be there.for'laany years, or else we would hot,..
.Mayor Suaregt Oh, t suppose... s mean, what kinds of things can you do in
govert:mant ihstitutionai, other then a school/
Mr. Cardenas: Schools, church, hospitals.
Mayor Suarez: City Hail,
Mr.•'Cardenas: City Hall.
Mr. Olmadillo: Hut.Mr.•Mayor.
Mayor Suarez: Yes.
Mayor Suarez: `If they donate it'to Us; we will build.
Mr, Rodriguezt •If*they change the with from a school, they will have to get
special exception, so they will have to go through.a.hearing.
Mr. Cardenas: Right, That is correct.
Mayor Suarez:. Oh, I see. The use,itself will have to...
Mr Rodriguez: Go through a hospital. For example, a hospital we'll have to
go through a special exception. .
Mayor Suarez:.: be .a school, otherwise, it will have•. to get a :special`::
exception." Even with G14
Mrs Olmedilioi Correct.
Mayor Suarez: OK. Anything further?
Commissioner Plummer .You've got an objector,"don.'t You?,
Mayor Suarez:. Objectors, yes. We are going to go to. the objectors..- Give ue,
name:and.addreas, and as clearly 'as possible, the reason why you object..
Mrs Robert, Walker:.,My name ie^RobertWalker, I live 5990 NE 5th Court.::. 5990'
.NE Sth Court:is block 10i which is just above the red marked zone.
Commissioner Alonso: Would you:show us where it!s?.
Mayor Suarez: Guillermo,.would'you, or Joe, would you please show us on the
overhead? OK, that's the one marked'in red?
Commissioner Aionso: Next to it
Mayor Suarez:"'Oh;no;'theone in white next to it. Al]. right
Nr Waikeri The one just above that block 10.
Mayor Suarez: Very good.
Mr:..Waiker: Over the, thirty-two years that I have been a'neighb'or to Cushman::
School, : '.the- school has, been in' the main 4n ' 40pet. to the .neig iborhooi ,
'these`.changing.times-for the City of Miami,_ and:in part.ibular the charges wa;c ,i
have seen along. Biscayne Boulevard, the ochool:has nerved ae a buffer stone fm�:
the neighborhood, and we'would probably not'be 4iving there atilWwere it Wot;.F'
for the School: I knew Aoctor'baura Cuehmani the'founder.andaguf.dingrigl�tua+p;:
the school, well: I knew that she .always 'envisioned, a' small.:'noi.Shborhood:
achPol that blended into the neighborhood, .and was as anpto .the
neighborhood. ', :And indeed, .: the echoolk - has during .the :lime she. `was a444
engaged iW the school had been an asset ,to ,the neighborhood. In; reoeWt'. titapp,,'
hOwevex, 'the school has etepped up it'•a enrolment,. ::d.:.ingreas0l its . udpn
body to the point where living on this street is nto ei'abia tlrl,ng svt '
school hours, and the. pity ieYremise . oven !nowt bye s4low. ag thW trap r � s
that, rite eraated 'on `this n4:ighborhoo4 street, with the o f pat :ira44�p1at 4n {
• :the: s or al o] ass aaraseta this eohoa4 ezro7.l.1ne11t ttlat will': comq t"o h ?! }ajii
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Mayor Swims Let.me risk about that. Is it envisioned that the school !bold
have_a.higher enrollment?
M. Jean tutted: No.
Mayor Suarees>'bK, could you say that oh the record? -you said it looked.„
Mr, Cardenas: For the record,'we want to say the following; The enrollment
today in the same enrollment that when Laura Cushman,..
Mayor Suarez: "wWo hundred and fifty-two?
Mr, Cardenas: .'ran the'achool decades ago,
Mayor Suarez: Two' hundred •and fifty'eo:ne? * what do you have?
.Ms. Luttons it'a-right under three hundred:'
Mr. Cardenas:, tinder three hundred. We do not to,..
Mayor Suarez: And this Would not enable you to add to that?
Mr, Cardenas: No. :As a matter of fact, during the last two'yeare'that We've
been before you, wehave added space, but not number of students. What we
have added for example, is we have added a science lab, a computer lab, we
have expanded the...•
Mayor Suarez:: OK, that answers partially his concern if in fact you don't
expand the number of students in terms of the traffic, because the activities,:'`
and the area that-you:have available for those activities will expand, but not
necessarily the number of students. All right, sir
Mr'. Cardenas:::That 's`correct.
Mr, Walker Did.I understand :you to say that the echool han not increased its
enrollmont? Would the principal of the school kindly 'state'the •enroliment of•
the school,.,,.
Mr. Mitten: Sir, it has not increased..;.
Mr. Walker:`.:.:.+five years ago, -and the rule today.'
Mr Lutton t Five, gears ago., -it °went- down;
Mayor,: Suarez: -Oh ;yea', yes. I• was'the•one that asked"the °question: about
enrollment .when you mentioned that this would create greater traffic, al,l
right? They say they are slightly under three hundred; :and they don't:-pd.an to
• increase it. T`caa'tell you; that in.1985 ,they were at about one' hundreds and
eighty. aerie... - t
.Me. Lutton: That's correct'.
Mayor'Suavea: . then they went over to... then obviously now they axe close.
tothree hundred, they have increased.
• Ma, Luttoni But it isn't more than when she was there.,
Mayor Suarez: But they are saying that they are not going to,;increa.e a
further with this change.
Mr. Walker: Mr. Mayor, I can't believe that. figure, 'Jive them , I ee.o wha
the traffic is, I see what the 'automobiles are, I would have 'to have the'
figure.subetantiated in writing.:
Ms. Cotton: Well we certainly can do that.
NOW Suarez: -I 'am sure they ;en do that,
Mo, •" Lutton: The. traffic ia.::,tncreased 'bsnnuno :tharo, :ar'e Alone as 4, t l
children can't walk to ochooi anymore, and thyy u4.ad-o,
4
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Mayor Suarez:. No wonder she ie a eohcol principal, you know. Kidd are going
to Watch and they ere gtlitig to say, she is the principal of the school, she
talks out of turn all the time.
Mr. Walker: Within the past year the school has acquired three homes:ih the
I.:Mediate area to,further its expansion, and the purpose of this .zoning
change, and it'd clear to everyone, they have positive plane .to build: an
additional classroom on the building, Why they are trying to tell you that
isn't true, I don't know. They have the plane drawn to build the additional
classrooms. They submitted them to the Heritage Board. The plane are in
fact,:.on paper, yet, they have told you they are not expanding the school.
They have actually acquired three homes in the immediate area to further their
expansion, and one of these actually jumped over an existing house, that.a
person bought their•house, who lives there, they'veimproved their home,
they've made the -neighborhood -better, and now the school by the acquisition of
those homes, has effectively surrounded that home.
Mayor Suarez: Which home is that, sir? •
Mr. Walker: This home is located on 60th Street immediately below the blue
area. The school also has another building behind that, it is not shown oh'
that map. It has another building...
Mayor Suarez: And who owns that home that you said it was encircled by their
activities?
Mr. Walker: That's a lady by the name of Norma Clark, she wanted to attend
this meeting, she.had to be.here at, four o'clock, she works at Burdines, she
couldn't be here.
Mayor Suarez:. OK, she is not related to you?
Mr. Walkers Mr. Bill Boyd owns lot number 4, you were asking about, he works•
for FPL, the meeting was at 4:00 p,m. he couldn't be here. Had he know it•was
going•_to be at this late .hour, he would have been here, I :can assure you:to .`
voice his objection to this expansion of the school. Mindyou, we are not
really objecting. to the changing in zoning, we are objecting to the fact that':;
the changing in zoning will allow the school to expand, and :that. _is .the
'purpose of.the:change'. If this.board really Wants to make a proper judgement.
in this request, then you should go to this school, on any school day, end • .'..
observe the chaos that exists on this small -one way -street,: especially during,.
the hoursro£ 8:00 a.m. to 9:30, and 3:00 p.m. to 5:00:p.m,
Commissioner.Plummers •Sir,•.let mesee if I can`help'you,;and cut you^:short.`
Would itibe•'.acceptable to you,.if: they volunteered'to thin.,Commiss.ion that_•:
they:would:not exceedthree hundred in students? . Would that be acceptable to
you?
Mr. Walker: Not until I determine in writing, how manystudents were in that
school ten years ago, because :I believe that there's..three times as; many'
:people in that school today, asthere.was. ten years.ago.
Commissioner. Plummer: Let me just for the record ask, .what..would
acceptable?
•• Mr. Walker: What, for the school?
Commissioner Piuirmer: For maximum enrollment..
Mr. Walker: I have no objection to the school. I.tried to explain -.that
feel the school is an asset to the neighborhood, what I object
Mayor Suarez: He is comparing it in his mind to what it vas. like • ten years
ago, and he doesn't know how many there were, but he is saying that..in tke,'
last ten years, the traffic has increased.
Commissioner Plummer: Well, you know, I am just saying that I.00u],d ehoxt.
c,irouit this if in fact...
Mayor Suarez: .Yee, he had a figure in mind,
Cenmhieair ngr .1UMMeri . , Y they ware to volunteer that they would not exiseed
three hundred`if that's what it is today,
Mrs ltelkert Mr. ,Pluiwner, you•would not want to short circuit this if .you
visited this school during these hours, I anetire you, And if yeti imagine a
fire truck trying to :get to this school during that time, believe tee, . as
conscientious Commissioner of this City, you would not want to circumvent
. this, and short circuit it.
Vice Mayor Dawkins: •Mr. Mayor, you know, I think we are... I don't know.
Hverybody here is under oath. The principal has stated under oath that the
enrollment is.below three hundred. Now I don't think the principal would
purger herself to... I mean, he is saying, he feels, now he has not said he
knowew -Now he is under oath also, sohow if you know this, eay it's a fast,
sir, or else you vili,have to accept her, you should accept her Statement:
being under oath.
Mr. Walker: Dose the school have plans for building additional class
to the existing building?
Vice Mayor Dawkins: You just... I don't know, See, I mean...
Mr. Walker: Could we find out? I mean, would you like to know?
Mr. Cardenas: I'll be happy to restate their plans. The growth
school.,.
Vice Mayor Dawkins: The growth?
Commissioner Plummer: Well, but you see I think the whole crux to the matter
is, is the total enrollment.
Mr. Cardenas: • Right.
Commissioner -Plummer: I.think that''s:the real'crux to the matter."
Mr. Cardenas: We agree.
Vice Mayor Dawkins: Well;: what is the total enrollment?
Mr. Cardenas: We will be happy to covenant,. and I will -give you this;,f:igure'.
for:. historical. •perspective. , We are willing to covenant ;that 'we .will. -never':
exceed ,a total: of three hundred. and .ten students, and the • reason why.iwe are`
using that; figure, is because.what has had happened to Cushman is, At went -:-Up...
to three hundred and ten during Laura Cushman's running of the school: Then..'
in rthe ,•late- eventies, early eighties enrollment went'... down -as •people: were..
concerned.with the area.A.lot.of parents: including ourselves .were'scomn.itted •:
to bring back that area because we like it there, and we vant to stay there,"
and the school went .back up again. It's anice multi -ethnic pchool, "and now _`;
the enrollment is back up to not near where it was before, but we'd like to
get it up to, but never exceeding where it once was, which I think it's.fair,.
because that's what the. neighbors were..used,to
Vice Mayor Dawkins: AMr.•Cardenas.
Mr. Cardenas: . So we mill commit that.we will neverexceed three hundred and'.
ten students, which werethe number of students that were there" when was.•
living there, which incidentally, he doesn't live there anymore
Vice Mayor Dawkins: Mr. Cardenas.
Mr. Cardenas: Yes.
Mr. Walkers That isn't true.
Vice Mayor Dawkins; What in,..'.
Mr. Cardenas: You own the home, but
anymore.
Mr Walkery . " I live there, sir. ,
203
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Me, Luttun::.KVeryday,.you are -living there?
Vice Mayor Dawkins: _.OK, H. Cardenas, what is the tuition per etudent at -
Cushman?
Mr, Cardenas: it's about two thousand dollars ($2,000).
Vice Mayor Dawkins: So two thousand dollars ($2,000) and ten times two..:.
thousand.: is twentythousand dollars ($20,000), so you're going to stand hers
and jeopardize your whole project for the fees from ten Students?
Me. Litton: Wait, I don't understand what you mean.
Vice Mayor Dawkins: OK. This gentleman is saying they can live with three
hundred students... Al is pushing for three. ten, • In my opinion, and':thisie
just -,•any, opinion, ten students, if ten students Will make or break your
program, hey, we've got a problem.
Mr,. Cardenas:. Well, it's two thousand dollars ($2,000) per etudent per
semester, and so that's four thousand ($4,000)...
Vice.Mayor Dawkins: And, how many semesters?
Mr.:Cardenas: .Two.,
Vice Mayor Dawkins: Right, so that's .four thousand .dollars ($4,000). per
etudent.
Ms. Lutton: Forty-five hundred a year.
Mr. Cardenas:.. Right.
Vice Mayor,Dawkina: Times ten .students is forty thousand dollars ($40,000)
Mr. Cardenas: Yes,•whigh for the:school.. 'this is'a:nonprofit,schoo1} nobody
makes•.any, money, it!.a.just:for.the'kids.':
Vioe.; Mayor..;Dawk'ins:: So is Dade. County School Board, _and:X .just,'
billion dollar school issue.
passed. a
Mr. :Cardenass.-Well right -'now, just.so;.that you know Commissioner, we:have for..
example,the things .that we do, we've got six full time scholarships for''.
minority students.[ right ,now.:. •,You:know,.,there are a,,,lot :of ..:thing wei.can do{
the; more,: we cut>down themore....
ViceMayor Dawkins: Only thing i am saying to you Al, is, that ten students,::
we' arearguing f;or.,ten.atudenta.... Now ifthet's;what;,you do, T;;have no'problem:
with :pit
Mr. Cardenas:, OK.
Mr. Walkers ;',gentlemen, I won'•t-;take'anymore of,your;time.;, ,I"would just ask
that; you. look„into this ;:situation. before, you voto,,that 'you try:to see if you
can't do something about the traffic, try to see. if you can't .do something';
about :requiring: some off-street parking for this school, that's the` only=.'
reason I am here, I am not here to condemn the school..
Vice Mayor Dawkins: OK. Now, you're under oath, now you eaid that you do,
live there?
Mr, Walker: Yes, sir.
Vice, Mayor Dawkins: • A►ll :right, thank you, air. Go right ahead' -six, your name.
and addreas, please.
Mr..forace Fish: I. am.Horaca >'ish, i live -:at 5984.,N1 5th4ourt, 1 +gym nfnlot
ll,:•,.l:ap in:red,.-I.don't know. why...
CQmmieeioner' Alonao: Why i,a 'he: fin. red?
�rQAfflleeionor Kummer; Deciuee:-you.object.
204
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Vice`Mayor baOkines You csbjsated,
Mr. Fight I bag you:pardon?
Costiriceioner plummeri You objected by mail,
Mr.-Pieht Oh yes, 1 object very strenuously,
Ctmni'ationer Aiasieos Oh, I ate.
Commiasaloner•Flummert That's why you are in red, sir,
Mr;:i1teht Ism in trouble before I start;
- Commiaeioner Piutmisert No, you are not a cormauniet, that has no inclination'
whateeever,
Cotmieeioner Aloneos And the property in red in the back ie aieo becau e'they'
:
objected, right?' `OK,
Mr, Fish: Along with Mr. walker, I feel that the whole problem is hot the';
..number .of sstudente;- three hundred, .three ten, one ninety, or whatever. The.:'
problem is a matter of safety, and health.' The school has properties on 5th•
Avenue I.feel that the school should be required to have the children, or
the parents load and unload the children on 5th Avenue, and get them off of•.
Sth Court: ` Fifth Court is`a ,very narrow street, 'it's a divided„
Mayor 'Suarez= - Show 'us, • excuse me, sir, show us on that ae he is sayi
Which is 5th Avenue, and which is: 5th Court.
Mr. Fish: You want me to show: it?
.Mayor. Suarez: No i •no, he is•doing it,.right on the overhead
Mr; Fiehisr, Court is the adjacent to that triangle, and 5th Avenue-ih the`:
..one •to"the' left- Where yciu 'sees. the• red- from iny.s home;
• Mayor Suareza ' It , seethe like : 5th Avenue is one block .away, from the ; actual`.
school.
Commissloner' Aloneot From- the;ectual:echool.`
Mr; Fiahs Well," -,they own property. ons5th Avenue, and •ion 60th; Street, -<and
feel_'. that,• the:echool.should be required to have the children get'in and:out oil:
•5th Avenue, -and get them, off of: 5th •Court.,.
Mayor":Suarez:• Has anyone .. -you've,-brought up a/very important:point;:
anyone looked at ,the traffic.'>implicationa:,of what they?:are: doing :at,;;
school, : in" tile. rezoning,; that they• .want :today to".give =. some better. patte,zn'
dropping. off?• •
'Mr.:Fish: .Mr. Mayor.,- I 'mv glad:;.you-brought ik up,'because°what<'yoµ're t'i`lkin
about' here,: and. what we`are all talking about is not the zoain
Mayor,Suareas Sure .
Mr::Fishi. but the .'ipsplicatJona;'the`futurepertof it.
Mayor: Suarez: -`Sure .;You're s, taking the opportunity that they seem o
expanding in someway, and they need eamething from thin Cosmniesion to;;pNjp
out.0 ,
:Mr: Fight Note only expanding,
Mayor Suarez, and 'a change of use to point; out that the dropping per ap'i
picking up of the ride there- greate'e.a certain amount Of: t,raffio con tFn 0
Which Is a'.riice way of slaying, kind of mayhem; evert here, it'v.reali.y.ty
' %s
Mr, .1 iehi ' No, -.it s se wordy than: thet, .sir,
Mayor 'Sus ice*: ` Worpo thani-sbaylasim ,
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Com iesioner Plummer+ Who owns the portion in the back in blue? . the aim'?
What about the root of that lot?
Mr. 1loh, Very much worse. Legit year, and the year before, and the year
beforethat, my .wife was very i11, and I needed to have clear way for an"
ambulance...
Mayor Suarez: And that treated a problem. Does anybody know of any simple:.'
Way that we could?.,
Mr.:b'ieh: Get them off of Sth Court, and put them on 5th Avenue.
Mayor Suareet -Well that'•a your idea, but t am wondering if our experts agree
with that.
Mr. t'ishe Well t Want to go a little further, there are other points I Want
to•bring up;
Mayor :Suarez: +All; right, then I can't get and answer to my question. go
ahead and make the rest of your points.
Mr, Cardenas: But on that point, on that point though...
Mayor Suarez: Yes,
Mr. Cardenas: . may 1 add that one', we agree with the gentleman . that .of.
;a,whole don't think. awhole rerouting is -feasible, but the suggestions' he
has made have been good ones, and last weak, -I don't know if he is aware ofit
yet or not, but we started- already rerouting some of -the traffic along the.'
same route that he suggested, and it's beginning to work quite well. We.will
speed it,up`-to the point where i.would say within the next sixty --days or so;
hopefully, half of the student drop off will be done where.it currently. is
done, and the other half will be done through the route that the gentleman'.;;'
suggest;. and. then:we can see how that works. We think that his suggestion is:
very valid, the parents themselves are very inconvenienced by you know, by the
current cycle, they have brought up some. good.` points, and we..think his points`
are?very valid, and last week we started'•implementing it.:.
Mayor Suarez: OK, that's the third time you tell us that. Thank you. .
Mr; Fishi. Well there is more to this, I'd like to finish now.
Mayor Suarez:. Yes,, we:are going.'to.hear the.. rest..of;'it. Go ahead, sir, as: '!
quickly:: as; possible ..
Mr'. Fish.•: OK The, problem exiet'from the time that the:'parents oomeAoAthe-.
school `until maybe„ nine .fifteen,"• nine thirty... ;. - Then .it starts again; : abouhr;;<.:
eleven thirty'- and lasts :until one ^> Then again': from -about two -."thirty until
four. < That's Yf ive`day.a`.week proposition. Three times a day, every_; week,
Now in addition to these problems, the school continues to have ;unctions
affairs: parties; :. whatever*'you want to call .then, .graduation, :they have
Halloween parties: they have City:of.Miami. Commissionrrparty,.whatever+.;it is,
and the street becomes.blocked...
Commissioned- Alone(); How about%that;
Commissioner Plummer: What? what is this?
Mr. Fish: ... they don't need•• an:exouse.
Commissioner Plummer: What is the City of Miami Commission ypart?
Mr. no; ;They'll have a party without an excuse, and they block the whole
(street, and not only does the school, :but the City Police urge pgople to park;
on •private =property, they urge the... the . ,,, h`
Mayor Scares; Besides all that, the students have very high performing sc4,
Wall their standardized testa and, all that, ap they don;'t just i►arpty rai ;
time, 1 moan don't... ..:
vice foyer Dawkins: The big Keck Cadillac belong* to d,,,
NA
Q.
f4
'Mr. Fight Sir. wa had two parting iaet.wook, and there was one going;..,_
Mayor.Suarett That's right,•.if,you gee.a big black Cadillac
Vice Mayor nawkinst.:Matta
Mayor.Stiarezt: ,t for a Commission party, it's hia,
Mr,.1isht I've get -three cadillacs Mr, Mayor.
Mayor Suarett Not as big as his,
Mr. Pieht I've got the biggest one, I'll stand mine.,.
CommisAioner.Plummer: Are you in the funeral business?
Mr. Fish: No, eir,•.I don't have a -limousine.
Commissioner: Plummer: .OK,
Mr. Fish: But I've got three.
Commissioner Plummer: Good, I.know where to rent them.
Mr. Fish: ,OK, Anyhow...
Mayor Suarezt Yes, they do have functions, and maybe Mr,..
Mr. Fish:. Waita minute, let me finish what I want to say.
Mayor Suarezt ..No, : no, .I was ;going to help you. You don,'t.. want -me to: help
you?..
Nr..Fiaht.::Go ahead.
Mayor .Suarezt _Maybe:Mr. Assistant. Manager;. there is some restriotion,to
kinds of functions that you are allowed to have in a GI, and the' kinds of<,
imposition on theneighborhoods from them = maybe there isn't. •
Mr., Olmedillo:: ..Maybe .there :is • a code and that.: might: be -proffered-.by tho;'
applicant.
Mayor.,-Suarezt ..:You. might want.: to .keep. that ,in ..mind . as far as 3the:.:large
functions that;are.held there, I mean,it'e a.school, it's;a school, 1 know you,.`
have.,a,•graduation,:.and Ian.pleased to have:occaeionally:;been there•.for one,`
but, if you have a party, or I don't know what other kinds of things you
thatyou attract huge numbers of people there beyond what would be expected of'>
an.inetitution;. of; this`.-sort;,.you know that may be.something that
valid point about. All.right..
Mr. Fish: Mr. Mayor, the street has a dividing Median and the. police`..order,,,
and instruct the.parents,land visitors, to park on'the median, strictlypst;`.`agai
the law.
Mr. Lutton' .We putstakes up. on. that median eo they can't
we:did•.that about::a.week ago —put stakes
Mr. Fish; The police also have told drivers to park on the sidewalk, not tin
on 5th Court,: but also on sisoayne..Boulevard.
Commissioner Plummer: Shame onthem:
Mr. Fight I want you to know that I've,.,
Mayor Suarezt Well my guess io'that part of•:the expansipkQr
l.s;•to•accommodate a little bit more of those'nevesaary,..
Cown$aaioner.Alonsot _Coll :Channel 64
Cpmriaotonar 81.um:uort. `.:Shame, aham0, ..on you,
roog
207 Y:
f i gx4t ,
ark there anytnore
y,
Mr. right The Street on 5th Court, On 5th Avenue rather, where they hAve
parking placee and other things, and on 60th Street where the school haA
property, these have been Available, but the echool dons not sand the parents
And ether visitors to the other areae. They block both sides of 5th Courti
they block the Median, it ie almoet.impossible to get through, and I'd like to
have acme peace of mind that if I need to have an ambulance, or if we needAi
fire trunk, something, if I Want to get out of my driveway.
Mayor Suaree: When does .that typically happen/ -the sort of over supply of
automobiles leading to the clogging up of the lane there? Is that on a daily.
basis, or when they have a function?
Mr. Lieh: Both.
Mayor Suarezt Dr. Prieto, maybe, could report bank to this Commi'esiem if thip
item is approved, or if it 'isn't, as to what is going on there, as to what
extent are we violating our own laws on use of public streets.
Mr. Fish: I am not threatening you people, but I amgoing to tell you that.
if,..
Mayor Suarez: In effect, you are threatening us, and we understand. .
Mr: Fish: Well, I. just went to tell you that if I need an ambulance or a fire
truck at home, and the road is blocked, it's done with your permission, I'm
going to be mighty unhappy, and I don't want to be unhappy, and I don't want
you unhappy.
Mayor Suarez: We don't want to be unhappy,
Mr. Fish: . I urge you people to he very careful before you approve something
that's going to cause further problems, and I thank you very kindly.. By the
way, I• want to add -to the... Mr. Boyd told me today that he couldn't be. here;.'
%by four, and he was against,•it. The people who have the office building at
the corner,- the northwest corner of 60th Street. -A -man named Ziggy who works'.
and owns:the liquor store on the corner of 61st Street, he is opposed to
Mayor Suarez: OK.
Mr..Fish: The lady next door to me, Mrs. Haniff, she is opposed to it..
Mayor Suarez: If this were a court, we wouldn't be able to take notice of any:.,
of those: comments, because it would be hearsay, but presumably-we•understand,`'
that you'are.--in..good faith telling us about people who are, against
probably should have written if they -couldn't be here. But anyhow, we
.understand:
Mr. Fish: Thanking you for hearing me.
Mayor Suarez; Thank you, sir,
Mr. Fish: I;urge you to be .very careful.
Mayor Suarez: OK. And don't hesitate to further communicate.with us,_ both on,:..
the traffic patterns, and whatever we ca:•do regarding the dropping off.:'of t11e?
children and picking up, and also, the clogging up of the arteries there, so
that you always have the ability to get out of your,..
Mr. Fish: What do you need from'me?
Mayor Suarez: Dr. Prieto is going to explain.
Mr. Fish: OK.
Mayor Suarers
the applicant.?
Mr. Cardenas:
reading, and we
land moo you've
between now and
Anything further from the. opponents? OK, anything further fxon
No, Mr. Mayor, just a reminder that this is only n fir+t
encourage you to vote in favor of the toning, a comport of tho
already voted in favorof, and if you cap tp.740k. 014,04.
second reading; we welcome •y0U to do;.au, ? N.
20!
Mr. 1!ernandess Mr. Mayor, are thane any outstanding covenants that are being
proffered?
Mr. Cardenas:There is... well we had proffered and we Were in the midet of
that discussion that we Would limit the enrollment to the highest number of
Students the eohool has had:inthe pest, which we felt was fair, and that.
number happened to be have -been three hundred and ten, and we covenanted that
we would'never increase it past. where it has been already. Basically, 'what we'
have told you is the reoent.increaees have not been for additional claasreeni
Space, but for what it is that the kids wanted, computer labs, Science 1eb0,
that type of thing.
Commissioner Plummer: Mr. Mayor, I will tell you what is acceptable to and
maybe, the members of: this Commission. The role they have to volunteer
covenant, not to exceed three hundred in the next school year, I'm not going
to make them kick .cut ten kids now, OK?
Me. Lutton: OK, but that cute back on our scholarship kids, because ve need
revenue -for three hundred to.make.it go. -
Commisolon Plummer: That they supply and bind themselves to a traffic pattern
of putting in and taking out the kids, the three times... all, the period of
the -day. : And, the third item that I would want in the covenant, that they
would be limited to one night time activity, one perquarter, not to exceed
11s00 p.m. at night.
Ms. Lutton: We never -go that late, nine o'clock is the latest we go.
Commissioner Plummer: I'll by nine o'clock, that's fine.
Ms. Lutton: No, I!m 'teasing you, eleven is good, but we never go that late.
Commissioner.Plummer: ;We11,.you just got nine, so that's fine.
Mr:.!Cardenas:' Well I can tell you that the graduation is not.;.. .,
Ms. Lutton: The traffic... No,graduation is at any time.
Commissioner Plummer: So those, are the three things. If in fact, that's:..
acceptable:to my.colleagues,,I will be ready at anytime to offer that in the
form of a motion.
Mr: Fernandezi. Point of clarification Mr, Mayor. Your, traffic pattern, it
that.subject to Public Works review?
Commissioner 'Plummer: That•of course .is definitelybut='it's also: to this:.:;
Commission's review that that plan is acceptable to us.'
Mr.:Cardenas: Mr.•Plummer, just'one. I've written these down but.just one; ..
comment.- .We will be willing to abide by no more than three hundred" paying.
students. . I want you to know that the reason we wanted.three ten, .is so we.
have minority scholarship programs, but if,you make the number of students„_'..
count against those, then the revenue stream is not sufficient.
Vice Mayor Dawkins: Then, do you have'ten scholarships every eemester.;free7
Mr, Cardenas: We have six now, but we are looking.for ten,
Ms. Lutton:. Yes, but we are looking £or:ten,-:absolutely, We:have some haif
ones, too.
Commissioner Plummer; Well, but Al, you've got to put a cap on that, because.
look, one of their'concerno..
Mr. Cardonae: What we would want to suggest.,,..
Commissioner Plummer: He doesn't want to listen to Me.
Mr. Cardenas: OK..
Commissioner Plummer! One of their concerns is the total,enroliment. I;wou
go. along with ,three hundred paying Students end ten':oo olarehlpa, not
exceed ten scholarships.
209
Mai-liuttonr Great,
COMmifdsinner Plummer; T Would go along•with that, because 1 thitk'that thet
ik something that is very fine for the community,
• Mr; Cardenanr. Yee, that's fair. OK, sir.
Me. Luttoni: Thank you, that'e'acceptable.
Mayor , guarers Al].• right, • moved and seconded with . those: 'provi os.':< Any.
discussion?: If not, please.,.
Oommienioner.,Plumaers i.`strongly suggest. that Mr,' Cardenas bring. in' advance:-,
• that:tr:affic:pattern map that he is:going to volunteer;
Mr, Cardenas; Yes, sir. OK, it's a three, let me see what it lei..
traffic'.patterh•map, three hundred paying students limitation, three hundred
and ten total...
Vide Mayer Dawkins; -With ten...
•
Mr.'.`•Cardenas: Ten•scholarshipe.
Vice Mayor Dawkins: But write it'down.
Mr::Cardenas; Yee,
•.Vice:Mayor Dawkins: OK, write it: down. :.
Mr.;.Fernandezi Mr.::Mayor, point of.:c t .:
Comm iasioner Plummeri And one... no more than one affair per quarter•. not to'
exceed nine oe•elock,:et night. -
Ms.°:Lutton:: Night tiMe?
Mr. Fernandez: All of that=is...+,fA"
Commissioner Plummeri. What?
Me. Lutton=° One night:time event
CommissionerrsPliimmerOne'night:time event<not toekceed,nine o'clock r
Mr: :-Fernandez: Mr .Mayor, -,Commissioner4 Plummer` has,4one,a very fine job
of paraphrasing what.ie Mr. Cardenas proffer on the record .I that correct,'
Mr7;Cardenae?
Mr.:Cardenas: ;That 's.correct.
Mayor Suarez That's:correct.,'
Mr.. Cardenas. :: Ard,that proffer will:'Abe ,tendered:.to the>:City, volupteril
etrictly'voluntarily`by ue•prior to -second reading. +• �•,: /
• Mr.Fernandez; You cannotcondition zoning...
Commissioner Plummer; Condition? l would never condition 'zoning.
Mayor Suarez; No, that would never be a condition to lilt:'motion or hie ;:vote;
it would be_ something voluntarily offered by:Mr, Cardenaa:ne: eee448 the wiadoa
of the ideas+. .
Mr.'Cardenas:..
:Students:
Yor, Puarau:
lind•4the tQa aoha.larshipa:.will.
is
Cotan:iesioner Aloneos Grant.
Maynr..pUafaas §d Moved'And ne,ebfided Yee sir, last... quick,
Mr. Walkers Mr. Mayor, Ia+ouldn't Want -to gee the eohooi .limited to one'.
Affair per (Waiter.
Mayor Suavest tali they don't seem to be bothered by that.
Mr. .Welker: 1 mean0 at not here to do anything to hurt the school it the'
kidkide wont to have an affair, I have no objection to that, We are only asking .
you to look into the traffic pattern, and to provide some off-street parking.
tor' the 'Prea. •
Mayor.guards: Ali right; you want to eliminate that? All right, we
apprec.iate,that. You want to eliminate that requirement? - assuming.they will ..
be:;reaeonable.
Commissioner Plummer, Say it again?
Mayor Suarez: You want to eliminate that proffer, Commissioners? I think. we
will be OK With it.
Commissioner Plummer: All right, then let tee change it.
Mr. Fiche I don't want it eliminated. I'11 tell you that.
Mayor Suarez All right, one per month.
Mr. Fish: I'm not in favor of none of them.
Mayor ,Suarez: We got you. All right. Will the
:closed.
Commissioner Plummerr Leave it in there.
Vice Mayor Dawkins: I'll call the question.,
Mayor Suarez OK. What, is the. how does the motion read then?. with -,their.•:
proffer?
Commissioner .P1umoner: That I move for approval subject to a voluntary '.
covenant graciously offered'by'Mr. Cardenas onbehalf of his client,• that the;,;
paid tuition not exceed three hundred students,. they be granted. up, to' ten on.;:;
scholarships, thatt' they will 'surrender a traffic' pattern of "picking 'up and
discharging the.children, and that they will,.nothave more than one night time•`
affair•per quarter, cannot exceed nine o'clock in"'the evening
Mayor Suarez:
Vibe Mayor Dawkins Under discussion.
Mayor Suarez: "And'aeconded. Vice Mayor Dawkins.
Vice Mayor Dawkins: You do not have `aiy•PTA'meetinge?
Me. Lutton: ` We have Our PTA "meetings primarily in the daytime These' `is
event'that we have that might go past nine o'clock,:and that's our spring play'.
` that we do have,in the evening.
Qommiseioner Plummers And how late: would that go?
maker ofthe motion -.Debate
Me.,.. iruttont It, would. be probably not .aver later than tea,. SQmatimee i
bi
keni .ne thirty,.but by. the time tehoars wear, it'smi�h
,Yiae.Mayor, Dawkins And.that!o the only night?:
Me, .Luttor}t pia, we :have open house, span echopt Right In ;,;October.
Chri•etrnaa . play at" Christman time, `that'e `two dift'ereat'_`'quarta u
fini hed one quarter: .
ss a°r? `:
�rp�!
sqp
kf'
Vice Mayor:baWkinsi Well, why would you stand up there and limit yourself to
one?.,.
Meg Lutton! Uecauee:We only do four night time once a year, anyway. We have
our PTA meetings in the daytime.
Vice Mayor Dawkiner And the Chriatmae•party is what time?
Me, Luttont, The Christmas play is at night, that's the second one. The third
one is the spring play, and then we usually have one event where we have a
speaker of someone come for the parents, so that would be four. If we wanted
to have the fifth one; we could petition you guys, right?
Mr. Fernandez: No.:...
Me, Lutton: No? So you want to go for five?
Vice Mayor Dawkins: And you stood up here and let J.L. look you into one, you.
can't even have.the other three.
Ms. Lutton: Say that again, if they lock me up?
Commissioner Plummer: No, one per quarter.
Vice Mayor Dawkins: One per quarter. Well it's two quarters, so that's only
two. She says that she has got•three.
Me.•Luttoni We'have four quarters.
Commissioner Plummer: Four quarters usually makes a year to me.
Me. Lutton: ,-That's correct.. But now, it's a school year.`
Vice Mayor Dawkins: .'And, your students pay two thousand dollars a quarter'
($2,000), and four times two is eight.
Me. Lutton: :.No-, ' no°, ' no...They pay....
Vice Mayor Dawkins: Now we're back up.....
Commissioner Plummer:. No,;no. . You are confusing;;.. you listen to the teacher
around here
Ms. Lutton: It's school quarters.
Commissioner Plummer:You're-.confusing.quarters with semesters:
Mayor Suarez: ' Would my "blues brothers" get their academic year organized?'
we can vote. on -this item.
Mr. Cardenas: ,t Well.: let me put it. this way, I feel like I -pay- two thousand
dollars ($2,000) a: quarter::
Commissioner De Yurre: That's why he is only thirty-four.
Ms, Cardenas: Seems like I am always writing- it.
Mayor Suarez: What is the proffer? Make a proffer, whatever you think ie
reasonable.
Mr.`Cardenas, Commissioner Dawkins, it's not that much money, I mean it's not
eight thousand dollars ($9,000). It's like forty-five.,. i Well they gave :a
discount too for..:
Mayor Suarez, Could I stop you from getting into the coot of tt1it.i.on?>aii.
me what.the'proffer finally is, so that we cast vote, on this counaelor. is
Mr. Cardenas: The proffer that we voluntarily made...
Mayer Suarez: :Don't" give me ,all the elements, only as . to the : iaage pf the
events.•
212
l�!
Mr Cardenett Right, Three., Oh, the Janne Of the events.
Mayor Suarent Whatever you and your client can handle, / am ready to vote eh '
this regardinits, we cant spend all night on this,
Mr.'Cardenaet 'Right, No more than, why don't we :lay, no more than eiktVents
a year, NO more than two in a giveh quarter, no later than tan o'clock.
Commlesianer PlUMffieri YOU lost my vote. / withdraw my motion.
Vice Mayor Dawkins Go .back to one a quarter, with an extra one if you
00u1C..
Mr.• Cardenas: You heard. One event per quarter with a'time limit of 10100
p.M.
Mayor Suarez: OK. That's the proffer. Do we have a motion and a aecond
atill on -the tatile?
CoMmistiener'PlumMerl' 'Yea, Sir, I reinstate my motion.
• Mayor Sure ut We have a second?
'Commissioner Alonsoi Yea.
Mayor Suarez : Read the ordinance.
•AN ORDINANCE ENTITLED-
4WORDINANCE AMENDING -THE ZONING ATLAS OF ORDINANCE
NO.'41000, AS AMENDED, THE ZONING ORDINANCE OF THE %.
CITY OF MIAMI, FLORIDA, SAID ATLAS HAVING BEEN
INCORPORATED IN THE ORDINANCE BY SECTION 300'THEREOF,,
BY CHANGING THE ZONING CLASSIFICATION FROM-0-,OFFICE,TO
GIGOVERNMENTAL. AMY INSTITUTIONAL FOR THE 'BLOCK,'
BOUNDED BY BISCAYNE BOULEVARD NORTHEAST 60 STREET, AND .. •
NORTHEAST 5 COURT:' AND APPROXIMATELY 592'"NORTHEAST 60.
STREET,MIAMI, FLORIDA, ALL DESCRIBED AS ALL OF BLOCK
4 AND LOTS 2 AND 3, BLOCK E, BAYSHORE REVISED, AS
'RECORDED IN PLAT BOOK 9,-AT PAGE 60, OF.:T§E PUBLIC •
RECORDS OF'DADE COUNTY, FLORIDA, AND BY MAKING ALL THE
NECESSARY CHANGES:ON PAGE NO. 14 OF SAID ZONING ATLASF, l*
CONTAINING A REPEALER PROVISION AND A SEVERABILITY.
, • - ,
Was introduced by Commissioner. Plummer and seconded.by COmmissioner
Alonao and was'Peased-On its first reading by title by the following vote
AYES: Commissioner. Victor De Yurre
Commissioner J. L. Plummer, Jr.
:CoMmissioner.:Miriamlicnno
Vice.MayOr Miller 3 Dawkins
Mayor XaviiT' L.'.Suarez
NOES: None.
ABSENT:
None.
The City Attorney read the ordinance into the public reCerdand
-
announced that copies were available to the meatball; o/ the City CoMmiaaion ancl
to the public.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: With the proviso that Mr. Cardenas provido oy office with:
the names and addresses of those minority students who owns 5cholnPrihiP4'
Ms; Lutton; Presently, or for net year?
Vi00. Myer Dawkins; Now, And root yfor,
button; px, you've $(4 4, -
M ; Cai dmaa i
COMMFti�S -A1�T R Rt ttd CALLS
Commissioner Plummer: Mr, Mayor, something just came to mind, could''
Vide Mayor baWkinss I reserve.,, just a minute .7,t,, I reserve the right to
change my vote at the second hearing it I go out there and find that the
condition do not exist as,.you've stated them.
Ms, tuttons What do you mean,.minority students?
C.ommissioner,Plummer: Of course.
Vice Mayor. Dawkins: Ma'am?
. Ms, tuttons Minority students?
Vice Mayor Dawkins: No,. ma'am, The traffic, configuration, and all.
Mayor, Suarez: OK.
Commissioner Plummer: Mr. Mayor, let me inquire, maybe I shouldn't be doing
. You know,.•we. made a deal with Planet Ocean about to many scholarships a
year, I've never heard back.on that thing.
Mayor Suarez I've never selected anybody from two scholarships.
Vice Mayor Dawkins* That's what he is saying, he is saying you should have
Commissioner Plummer: Weil we were supposed to proffer .names': to. that
organization, :and.the County School Board to be processed, and I •em.yet to.;
hear of the first one. And there was supposed to be like fifty..,.. 15•a,year -
Mayor.Suarez: Yee, I'd love a report on that. I thought it was a total Of:
ten;echolarehipa
Commiesioner.Plummer: . I would like a report:back on that. ..
Mr. Rodriguez: OK; we'll.,do that.
Qosamieeioner.Plummers,• Please,.. I'm,sorry to bring it up in zoning, but I juat
happened to think about it'when you talked about that.
..(NOTE{ AT THIS POINT, THE CITY COMMISSION TEMPORARILY;
TABLES CONSIDERATION OF,,PLANNING. AND ZONIIG.AGENDA'
ITEMS —TO CONSIDER.AN ITEM FROM THE REGULAR PORTION'(QP':
THE AGENDA. i .•
68. SUPPORT AND REFER TO CITY MANAGER PROPOSAL TO UPGRADE THE FOOTBALL AN1S
BASEBALL 'FIELDS AND SWIMMING POOL AT 1IADLEY PARK - INSTRUCT CITY MANAGER •
.TO BRING BACK TO COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEMBER
6TR.
Mr, Sergio Rodriguezt Mr. Mayor...
Vice Mayor Dawkins, M. Mayor, I have a,.. we go to 46 now.
Mayor Suarez: Yes.
Commissioner'Plummert Forty-six,
Vice Mayor Dawkinat And, as you know, we provided money for a pool at Hadley:
Park, and in'oonjunction with that, wove come up with a donor who's concerned
about all of the youngsters in the area. So, if the architect and the other
gentleman will explain the project, then I'll go from there. Why not - .leave
it over there so everybody can see it.
Commissioner Plummer: For every dollar you spend in Hadley Park, I get a
dollar for Bayfront Park?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Turnabout is fair play.
Mr. Jacque E. Thermulis: My name is Jacque Thermulis from Urban Constructor
and Urban Planning & Design. We're located at 7000 S.W. 62nd Avenue
UNIDENTIFIED SPEAKER: ' Why don't you bring that up over here?
Vice Mayor Dawkins: Then they can't see it.
UNIDENTIFIED SPEAKER:. Who can't 'sae it?
Vice Mayor Dawkins: These people can't see it.
Mr. Thermulis:' It's three, five -twenty.
Vice Mayor Dawkins: So, we stand up...
Mr. Thermulis: We have Vincent Biscome
the presentation to you.
Commissioner Plummer: Yes.
Vice Mayor Dawkins: Your name and your address.
Mr. Vincent Biscome: Vincent Biscome.
Vice Mayor Dawkins: Take the mike...
Mayor Suarez There's a - yes.
Mr. Biscome: Vincent Biscome, Urban Constructors, Inc.
Go.right ahead,, sir.
Mayor Suarez: And just put it.a little closer to you r xipht.
Mr. Biscome: ...and Urban Planning & Design. When we were first contacted by;
Vice Mayor Dawkins,,.
Commissioner Plummer: Not for long.
Mr, ,Biscome; ...he was worried. Ile told ua that he iive�d :#tl. en area whore.
there is a park. One of the beet well kept parka.. in the.'Cl,ty. of Miamt;nand it
was under utilised. Under utilized.becausc thereto a;fuptbell,°f e1 i8'�r.
condition that nobody used, including the. high school°-acroen : fgaq l,t
two .baseball diamonds: where We lined 'up:ta pl,ey but. ther's
EXHIBIT E
"Performance Bond"
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO
FROM
Guillermo E. Olmedillo
Deputy Director
Planning, Building & Zoning
Irma M. Abella
Assistant City Attorney
DATE
SUBJECT
August 9, 1991 ` .E A-90-9C
Cushman School Bo
Ordinance N 108
REFERENCES
ENCLOSURES
Enclosed is the Performance and Surety Bond submitted by the
applicant on the above -referenced matter. Said bond has been
reviewed and approved by the Law Department as to form and
correctness and has also been reviewed and approved by the
Insurance Coordinator of the City of Miami.
IMA/1b/P581
cc: Jorge L. Fernandez
City Attorney
Sergio Rodriguez
Assistant City Manager
Matty Hirai, City Clerk
Joseph Genuardi
Zoning Administrator
Planning, Building & Zoning
Gloria Fox
Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay
Assistant Director
Public Works Department
G. Miriam Maer
Chief Assistant City Attorney
A..Vicky Leiva, Esquire
Ferrell, Cardenas & Fertel
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131-2305
.... � FREMIUNn SATED C
FINAL CONTRACT PRICE
PERFORMANCE AND SURETY BOND
NO. 1241636
Premium:$300,00
STATE OF FLORIDA
COUNTY OF DADE
} ss.
�, 11
ri r•� ' rt 1
KNOW ALL MEN BY THESE PRESENTS that the Cushman School, Inc.,
(hereinafter referred to as the 'Principal"), and Amwest Surety Insurance Company,
(hereinafter referred to as the "Surety"), are held and firmly bound unto the City of Miami,
(hereinafter referred to as the "Obligee"), in the amount of $5,000,00 for the payment
whereof Principal and Surety bind themselves, their heirs, executors, administrators,
'successors and assigns, jointly and severally, firmly by these presents.
The purpose of this Performance and Surety Bond, (hereinafter referred to as the
"Bond"), shall be to ensure compliance with the terms and conditions of the Declaration of
Restrictive Covenants attached and made a part hereof, for a period not to exceed six
months from the date of issuance of this bond.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH,
that if the Principal shall in all respects promptly and faithfully perform and comply with
the terms and conditions of the above stated Declaration of Restrictive Covenants and its
obligations thereunder, then, and upon the expiration of the six months period and after
written certification from the City Manager of the City of Miami, or his designee, that the
terms and conditions of the Declaration of Restrictive Covenant have been complied with;
all funds held in collateral for the benefit of the Surety, Amwest Surety Insurance Company
shall be released and automatically returned to the Cushman School, Inc., the Principal.
IN WITNESS WHEREOF, the above bounded parties executed this instrument
under their several seals, this 28thday of June ,1991.. The name and corporate
seal of each corporate partyTe iig hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
The expiration of this bond shall be effective six months from the date of its
issuance.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF US, AS
WITNESSES:
THE CUSHMAN SCHOOL, INC.
[Seal]
AMWEST SURETY INSURANCE COMPANY
i ,
C ris . Ackerman/Attorney-In-Fact
[Seal]
Conn
By:
Florida , eense
Residbnt Agent
***SEE DECLARATION OF RESTRICTIVE COVENANT
ATTACHED AND MADE PART HEREOF***
r.'S BOND I OF EXECUTED COPIES
BOND NUMBER
1241636
muNorm.
THE CUSHMAN SCHOOL, INC.
mica
City of Miami, Florida
POWER NUMBER
000062911 : NOT"USED BY
-78 . '4*-15-92
PENAL SUM
$5,000.00***
Riot) cAREivi.i.r - To.be tose,1 imk. in 011,iiinesii)P1 ii#1, an.qiinui spa ified hl.(;iii
. '..‘
This document Is printed on multicolored security paper with black and red Ink, with boardcrAblfte. ink and bears the
raised seal of Amwest Surety Insurance Company (the "Company"). Only unatterrf-originals of tht; Power of Attorney are
•-• valid, This Power of Attorney Is valid solely in connection with the execution and delivpy of rtiebtind,noted.aboyeand may
-not be used In conjunction with any other power of attorney. No representations or WarroViestfielng this Power of Attorney
may be made by any person, This Power of Attorney is governed by the laws,of the*te.5„erilifOrnif, Any power.of attorney
-used in connection with any bond Issued by the Company must be on this form aixf no other form shall have for or effect,
• .
KNOW ALL MEN BY THESE PRESENTS, that Amwest Suretydristparei_company a California
corporation (the "Company"), does hereby make, constitute and appoint„..r77i.,„,/,
-CHRIS J. ACKERMAN . ' ". • AS AN EMPLOYEE OF AMWEST SURETY INSURANCE
-its true and lawful Attorney -in -Fact, with limited power and authority for and..ow&Olf of tbdtorkiany as surety,
to execute, deliver and affix the seal of the Company thereto if a seaLisjecri5irkii:"BbrT&;4fidertakings,
• recognizances or other written obligations in the nature thereof as forloyis: . . •
Bid Bonds up to $**1.000,086.00 '
.Contract. Court & Subdivision Bonds up to. 3401.4ptP00113.80...:..• • License & Permit -Bonds up to
Miscellaneous Bonds up • to S**1.000.000.00'
• Small. Business Administration GuaranteedAditrislitt...258,000.00 ". • .
•
.•-. .
• :---.. THI.S soNal_or......a.tittotrreo -.41t:-.-r!'• r•-•• :----- • -
. and to bind the leortifiariy thereby. This appointment is made under.and Eestidety 'Or rheALEaws-of the
Company, which -ate now in full force and effect.
•
1-, -
D. . .
. . - CERTIFICATE -"'"'-",,,,
IE - - • I; the undersigned secretary of Amwest'Surety.insurance::00114 California corporation,
—
ia, --- DO HEREBY CERTIFY that this Power of Attomey remains in full force itrytiftka'and:"has not been revoked
arid fUrthermore, that the resolutions of the Board of Directors set; fortliataAlitkOse, and that the relevant
. proisions of the By -Laws of the Company, are now in hill fOite'andieffecr-cv: -. , „
_ .
..:,..1 x ..v4...,.5..1..,,,Azalwt.---' 7 .... - - .. -
WOODLAND HILLS.CA 28thaLs.June-, " • • 1991
Signed and sealed at
,<fr &01-d-,rt___ this
• . -..,_. .: _-_.
'..,•9000062911 - 78
110 t, M WeS .
.to 8320 • .
Canoga.;,Avertue' 1:!Ost Oftee 4509 WOndland:17411s,-.01,
Witiligii6 ;it; . .
°Ec 15052 Pc 3373
DECLARATION OF RESTRICTIVE COVENANTa
This Declaration of Restrictive Covenants (the "Declaration")
made this 5 •day of , 1991, by THE CUSHMAN SCHOOL,
INC., a not for profit Florida corporation, (hereinafter referred
to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a
municipality located within the State of Florida (hereinafter
referred to as the "CITY").
KITIMDESii
WHEREAS, the Owner holds fee -simple title to certain Property
in the City of Miami, State of Florida (the "City"), consisting of
Lots 1 through 6, Block 4, of "Bayshore
Revised" according to the Plat thereof, as
recorded in Plat Book 9, at Page 60, of the
Public Records of Dade County, Florida.
(the "Property"); and
WHEREAS, the Owner is presently an applicant before the City
of Miami City Commission for a change of Zoning Classification in.
the official Zoning Atlas of the City of Miami from office (0) to
government and institutional (GI) for the above described Property
(the "Change of Zoning Classification"):
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
1991 JUN IA 13:16
REc 15052 3374
'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.
Section 2. Enrollment. The Owner agrees that it shall limit
enrollment of its tuition paying students to three hundred (300)
students. Additionally the Owner will grant ten (10) full
scholarships to minorities.
The bwner shall submit to the City by October 1st of each
school year, a letter from a Certified Public Accountant certifying
the amount of students enrolled for the school year; and the
minority representation of the 10 scholarship recipients.
Section 3. Night -Time Events. The Owner agrees to hold no
more than one night-time event per school quarter, for a total of
no more than four night-time events per school year. Each of the,
night-time events shall terminate no later than 10:00 o'clock p.m.
The Owner shall submit to the City, by October 1st of each school
year, a copy of the official school calendar depicting the dates
and times of the four night-time events scheduled for the school
year.
Section 4. Traffic Flow. In order to provide increased
safety and to alleviate the vehicular congestion during morning
drop-off and afternoon pick-up of students, the Owner has
instituted a new procedure, subject to the City of Miami Department
2
grc 15052 P 3375
of Public Works' approval, as per the herein described plan
graphically depicted in Schedule "A" attached hereto and made a
binding part hereof.
A. preschool and 1st Grade: As of October 1, 1990, all car
pools containing only pre-schoolers or first graders shall drop-
off and pick-up their children at the N.E. 60 Street turn -around
which is adjacent to the science lab. This new procedure should
relocate approximately one-third of the cars away from the entrance
at 60th Street and 5th Avenue..
B. 2nd to 6th Grades: Traffic on N.E. 4th Avenue will flow
South to ICE. 59th Street where it will flow East to Biscayne Blvd.
At Biscayne Blvd. traffic will flow North to N.E. 60th Street where
it will head West to N.E. 5th Court to the entrance at 60th Street
and 5th Court.
Section 5. Performance Bond. The Owner shall post a $5,000.00
Performance Bond for a period of six (6) months from the date of
this instrument's recordation in the Public Records of Dade County,
which shall be forfeited to the City of Miami if any of the
conditions herein contained in this Declaration are breached by the
Owner during said six month period.
section 6. Effective Date. If the City of Miami Commission
approves the Change of Zoning Classification, and after said
approval has become final and non -appealable, this instrument shall
constitute a covenant running with the title to the Property and
be binding upon Owner, its successors and assigns. These
restrictions shall be for the benefit and limitation upon all
3
REC 15052 r ; 3376
present and future owners of the Property and for the public
welfare.
Section 7. 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 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.
.Action 8. 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,
.expiration thereof.
Bection 9. Inspection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the right any time during normal working hours of entering and
investigating the use of the Property to determine whether the
amended or released prior to the
4
RFEF 5052 PG 3377
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 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 10. Severabilitq. 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 11. Recording. This Declaration shall be filed of
record among the Public Records of Dade County, Florida, at the
cost of the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this '5 day of L:LA.-- , 1991.
WITNESSES:
„ILL -64.4.z,t
Aele
5
THE CUSHMAN SCHOOL, INC.
a not for profit Florida
corporation
Prc .150521:C; 3378
STATE OF FLORIDA )
) SS
COUNTY OF DADE
Before me, the undersigned authority, personally appeared DR.
JOAN D. LUTTON, as President of THE CUSHMAN SCHOOL, INC., to me
Well known to be the person described in and who executed the
foregoing instrument and who acknowledged to and before me that she
executed said instrument under oath, and for the purposes therein
expressed.
(SEAL)
Notary Public, State o Florida at Large
otempicommission expires:
Ac) „ ..... .
,* Y COIAMI2Sre .1.:APHIES: JAN. 27, i 9DZ1
IrrAtt.epor4A.'$TATE or rroVitYX,
•
? orear,KNIVCirtiptt PILIC uNornwniriciteli
03 • •
"Jr,
r•D.
•
• •-•"
$ •
...... ..
• , „ • • .
....
1
6
RFre 15052 pl 3379
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of the Cushman School, Inc.,
desires to enter into an agreement with the CITY of Miami entitled
Declaration of Restrictive Covenant.
WHEREAS, the Board of Directors of the Cushman School, Inc., has
examined terms, conditions and obligations of the proposed Agreement with
the CITY; and
WHEREAS, the Board of Directors at a duly held corporate meeting
has considered the matter in accordance with the By -Laws of the corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS of the Cushman School, Inc., that the President is hereby
authorized and instructed to enter into said agreement in the name of and
on behalf of this corporation with the CITY of Miami in accordance with the
terms and conditions of the Declaration of Restrictive Covenant.
IN WITNESS WHEREOF, this day of-Jtv$44r1991.
RECORDED. IN OFF :CIA', RECORDS WOO,
Of DADE COUNiY,FEORIDA.^
RECORD VERIFIED ,'��il.•
CIeik of Circuit &.County
Courts
Attest:
).
Corporate Seemary
CHAIRCIAI Board of Directors
By:l 1CcSl�hl'/' >r GIB jar'
PA L/2.;;4I'1, ra 112.
Print or•,Type Name
� 11 int 'Oran
•
' rr r 1.,
EXHIBIT F
"Cushman School Enrollment & Events"
May 23, 2016
City of Miami
ni)Y Alvarez, CAA• .
POdfq ti:DO ArrOs, t,RA.
•
Aleiandro M;1114010,
C)I-tvio vor4t14, CAA.
TobAtordejA,
Monique Bustamante, C.P.A.
Alex Montero, C,P,A,
Marla C. Perez-Abreu, C,RA,
Eric E. Santa Maria, C.P.A.
Octavio F,Verdeja, C.RA,
We are the independent auditors of The Cushman School, Inc. ("Cushman) and we audit many
schools throughout South Florida.
Cushman has provided us with certain information regarding the school enrollment and
scholarships for the past three years.
Year
2014
2015
2016
Total Students -
506
509
518
Financial Aid
97
101
90
Should you need additional information please feel free to contact us.
Sincerely,
Octavio A. Verdeja
Verdeja, De Armas & Trujillo, UP
Minority
Scholarships
11
13
A Limited Liability Partnership of Professional Associations
255 Alhambra Circle, Suite 560, Coral Gables, FL 33134 • Office: 305,446,3177 • Fax: 305,446.6370 • www.V.DC PA ,com
KCIS MEMBER LOGIN FtORItln K:NOERC
'EN COUNCIL /
f
Leading Educational Excellence
About FCIS Member Services Accreditation Professional Development/Events Sponsors/Exhibitors Career Opportunities
Cushman School 2015-2016
Website
Address
City
State
Postal Code
Region
Phone
Fax
Grade Range
Student Body
School Type
Enrollment
Head
Head's Title
Head's Email
Board Chair
Board Chair's Email
www.cushmanschool.org
592 NE 60 Street
Miami
FL
33137
South
305-757-1966
305-757-1632
N-8
Coed
Special Education
512
Ms. Arvi Balseiro
Head of School
abalseiro@cushmanschool.org
Victor Napoli
vnapoli@me.com
Head Assistant Sheryl Rudnick
Head's Assistant Email srudnick@cushmanschool.org
Middle. Head Jennifer Geimer
Middle Head's Email jgeimer@cushmanschool.org
Lower Head Cheryl Rogers
Lower Head's Email crogers@cushmanschooLorg
Early Childhood Director Jill Sevilla
Early Childhood Director's Email jsevilla@cushmanschool.org
Admission Director Sheri Rentzepis
tgcstinor R# ep n.:lent E._Ii is
'alit re. I0.Juatd9_411/ crapla dl.11 :»1wt. PL tt.9.51r2d' 41! n+.+ I1:E';±.1s4,1y
W
�, tygIV
To the City of Miami:
This letter is confirm that The Cushman School has not exceeded the amount of events held during
nighttime hours as determined by the City. Over the past three years, there have only been two
nighttime events for each year (2013-2014; 2014-2015;2015-2016) which were for Parents' Nights.
Thank you,
Arvi Balseiro
Head of School
The Cushman School
592 Northeast 60th Street o Laura Cushman Circle o Miami, Florida 33137
'Main Office 305.757,1966 l Fax 305.757,1632 1 www,cushmanschoal.org
EXHIBIT G
"Street Closure"
City of Miami
Master Report
Enactment Number: R-14-0070
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01046sc
Version: 3
File Type: Resolution
Reference:
File Name: Street Closure - The Cushman School
Requester: Cost:
Status: Passed
Controlling Body: Office of the City
Clerk
Introduced: 8/29/2013
Final Action: 2/27/2014
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING,
VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHEAST 60TH
STREET FROM NORTHEAST 5TH COURT TO BISCAYNE BOULEVARD, AND NORTHEAST 5TH
COURT FROM APPROXIMATELY 90 FEET NORTHWEST OF BISCAYNE BOULEVARD TO
NORTIEAST 60TH STREET, MIAMI, FLORIDA.
Sponsors:
Notes:
Indexes:
Attachments: 13-01046sc PZAB 10-16-13 Supporting Docs.pdf,13-01046sc CC 11-21-13 Fact Sheet.pdf,13-01046sc
CC 12-12-13 Fact Sheet.pdf,13-01046sc CC 01-23-14 Fact Sheet.pdf,13-01046sc-Submittal-Declaration
of Restrictive Covenants.pdf,13-01046sc-Submittal-Ben Fernandez -Homicide Incident
Report,pdf,13-01046sc-Submittal-Ben Fernandez-Petitions.pdf 13-01046sc CC 02-27-14 Fact
Sheet.pdf,13-01046sc Dept. Analyses, Maps & PZAB Reso.pdf,13-01046sc Covenant Submitted to
Hearing Boards.pdf,13-01046sc Application & Supporting Documents.pdf 13-01046sc CC Legislation
(Version 2).pdf,13-01046sc Exhibit A.pdf 13-01046sc Exhibit B.pdf,13-01046sc-PowerPoint
Presentation -Cushman School Street Closure.pdf,13-01046se-Submittal-Ben Fernandez -Settlement
Agreement -Palm Grove Homeowner's Association.pdf 13-01046sc-Submittal-Ben Fernandez -Settlement
Agreement-MiMo Biscayne Association.pdf,13-01046sc-Submittal-Ben Femandez.pdf,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
2
2
2
2
3
Planning, Zoning and
Appeals Board
Office of the City
Attorney
City Commission
City Commission
City Commission
City Commission
10/16/2013
11/12/2013
11/21/2013
Recommended
Approval
Reviewed and
Approved
CONTINUED
12/12/2013 CONTINUED
1/23/2014 CONTINUED
2/27/2014 ADOPTED WITH
MODIFICATIONS
Office of the Mayor 3/7/2014
3 Office of the City Clerk 3/7/2014
Signed by the Mayor Office of the City
Clerk
Signed and Attested
by City Clerk
Pass
Pass
Pass
Pass
Pass
City ofMiami Page 1 Printed on 4/6/2016
I'.
3
City of Miami
Master Report
Enactment Number: R-14-0070
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Office of the City
Attorney
10/15/2014 Reviewed and
Approved
Action Note: MODIFICATIONS MADE TO RESOLUTION AND DECLARATION OF COVENANTS
City-ofMlami Page 2 Printed on 4/6/2016
Miami -Dade Official Records - Print Document Page 1 of 8
I IIIIII IIIII Hill I1111 Hill Hill 11111 I1111111
CFM 2014-R0362207
OR 8k 29158 Pas 2894 - 2901► (8pss
RECORDED 05/20/2014 10:00137
HARVEY RUVItlr CLERK OF COURT
MIAMI-DACE COUNTYr FLORIDA
This instrument was prepared by and after being recorded shall
be returned to :
Name: Ben Fernandez, Esq,
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this 13th day of
May, 2014 , by The Cushman School (hereinafter referred to as the "Owners"), is in favor
of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida
(hereinafter referred to as the "CITY").
WITNESSETH
WHEREAS, the Owners sought and obtained a right of way vacation pursuant to
Resolution No. R-14-0070, for the property located at and being legally described as:
(See attached Exhibit A).
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that certain other nearby property owned by the Owner located at 6050
Biscayne Boulevard (See attached Exhibit B) shall be developed in accordance with the
provisions of the Declaration herein.
Book29158/Page2894 CFN#20140362207 Page 1 of 8
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NOW THEREFORE, the Owners knowingly and voluntarily covenant and agree
that the Property at 6050 Biscayne Boulevard shall be subject to the following
restrictions that are intended and shall be deemed to be a covenant touching and
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.
Section 2. The Owners hereby freely make the following voluntary declarations
running with the land:
A. The title to the property located at 6050 Biscayne Boulevard,
described in Exhibit B, shall not be unified for zoning purposes with
any other portions of the Property. No Unity of Title or Covenant in
Lieu of Unity of Title will be presented by the Owners of the property.
B. The public right-of-way area to be vacated shall be described as an
ingress and egress easement available to City of Miami emergency,
code compliance, building inspection, and public safety vehicles at all
times, The Owners shall also make the ingress and egress easement
area available to the MiMo Association and the Palm Grove
Neighborhood Association, other associations or members of the
general public respectively, for historic tours and walks during non-
school hours upon request.
Book29158/Page2895 CFN#20140362207 Page 2 of 8
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C. The Owners shall make available to the commercial owners and
commercial tenants on Biscayne Boulevard any approved parking
spaces located at the Steam Lab Property, located at 6200 Biscayne
Boulevard, after regular school hours, by lease agreement.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
shall be binding upon Owners, their successors and assigns. These restrictions shall
be a limitation upon all present and future Owners of the Property and shall be for the
public welfare, and serve the public interest.
Section 4. Applicable Law & Venue. Florida law will apply to interpretation of
this instrument. Venue in any civil actions arising under this instrument shall be in
Miami -Dade County, Florida. Each party shall bear their own attorney's fees, except as
provided in Section Six (6) below.
Section 5. Amendment and Modification, This instrument may be modified,
amended, or released as to any portions of the Property by a written instrument
executed by the then Owners 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 Commission after a public hearing which public hearing shall be applied for at the
expense of the Owner. Upon approval of such modification amendment or release as
specified herein, the Director of the City of Miami's Planning and Zoning Department or
his successor shall execute a written instrument in recordable form effectuating and
acknowledging such modification, amendment or release. Such instruments shall be in
a form acceptable to the City Attorney.
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Section 6. Inspection and Enforcement. An enforcement action may be
brought by the City by action in law or in equity against any party or person violating or
attempting 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. The award of attorney's fees to a prevailing party shall not be used or
enforced against the City of Miami.
Section 7. Severability. 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 effect.
Section 8. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owners, and the City
of Miami Planning and Zoning Director will be furnished a recorded copy by the Owners
within thirty (30) days of this Declaration being recorded.
Section 9. Authorization.
The Officer who is the signatory below is authorized to bind the Owners to this
Covenant,
[Signature Pages to Follow]
Book29158/Page2897 CFN#20140362207 Page 4 of 8
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ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this.5 day of
1L , 2014.
Witnesses: Print Name
The shmatr hooq
' ,_101AT:4, S Q
Print Name
Signature
Print Name
STATE OF c\
COUNTY
By President/CEO
Address:
The foregoing instrument was acknowledged before me by v eL ‘.4r0
, the —President/CEO of The Cushman Scholl.
He/She is'personally known to me or q has produced , as
identification.
Witness my signature and official seal this 1 day of r �{ _ 2014, in the
County and State aforesaid. CT
My Commission Expires:
Notary Public State of f"
her .44‘«
Print Na e
„N 1410n1 / ,' .
�
1 t••si '�..
Book29158/Page2898 CFN#20140362207
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Exhibit A
LEGAL D SCRIPTIQN:,
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Might -Dade, STATE OF Ft, AND IS
DESCRIBED AS FOLLOWS;
A porgy of Section 18, Township 53 South, Range 42 Bast, all lying end being In
being mom particularly dexnbed as knows, to win
I-0
County, Raids;
Sego at popk 398.00 feet South and 556.00 feat West of the Southeast comer of the Northwest one -quarter of
Section 18; thence run South 60 feet; thence run West 120 fret to a point; thence run North 60 feet to a POlnt;
thence nm East 120 feet to the Point of Begnning; LESS AND EXCEPT, however, a small tract of land et the
Southwesterly comer of the Tract herein despthed heretofore conveyed t0 the try of Miami for street purposes,
said Trait being at the Northeasterly Intersection of Northeast 60th Sheet ard Northeast Sth Avenue In the City of
Miami, Florida, Said small tract of land leased -out above is more particularly described as follows:
B9gnnkng at a point 458.00 fleet South of and 676,00 feet West from the Northeast cater of the Southwest
one -quarter of Section 18, Township 53 South, Range 42 East, sake Want being the Southeast airier of the second
mentioned tract of land conveyed by E,L, Eaton to Elizabeth T. Eaton on August 12, 1926, and recorded 1n Deed
Book 995, Page 101, of the Pubic Records of M(aiSt.Oade County, Florida; thence East along the South One of saki
second Mentioned tract of land conveyed to Elizabeth T. Eaton, saki lint being parallel to and 458,00 feet South of
the North line of the said Southwest one -quarter of Section 18, a distance of 24,87 feet, moo or less, ha a point of
curve; thence Northwesterly along the arc of a tangential nave to the right havhng a radius of 25,00 feet, a central
angle of 89 degrees 42 minutes 26 seconds, a distance of 39,14 Mek more or less, to a poet of tangent on the
West line of said secant mentioned tract conveyed to Elizabeth T. Eaton; then+ South along sale West line parallel
to and 676.00 feet West of the East Tine of said Southwest one -quarter of Section 18, a distance of 24.87 feet,
more or less to the Point of Beginnng,
AND
Beginning at a pent of 324,67 feet South, and 556 feet West of the Southeast corner of the Northwest amayuaner
of Section 18, Township 53 South, Range 42 EasU 011000e South 73,33 feet hence West 120 feet; thence Werth
73.33 feet; thence East 120 Net to the Point of Beginning.
AND
Beginning 258 feet South of and 556 feet West of the southeast Doter of the Northwest quarter of Section 18,
Township 53 South, Range 42 East, thence West 120 feet; thence South 63 and one-third feet; thence East 120 ti
feet; thence North 63 and ate third feet to the Point of Begimkg; al tying and being in Miami -Dade County,
Florida.
(CONTINUE) Pi
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AND
Begin at a poet 258 feet South and 496 feet West of the Southeast °Omer of the Northwest onequerter of SoctW*
18, Township 53 South, Range 42 Past for a Point of Beginning; thence West parallel to the South One of sald
Northwest cne-querter a distance of 60 feet; thence South parallel to the East line of the southwest ace -quarter of
said Section 18, a dtstanps of 200 feet; thence East pare*, to the Stith One of saki Northwest one -quarter, a
distance of 60 feet; tene0 North parallel to the East One of saki Southwest one -quarter a r estanoe of 200 feet to the
Point of 8egktnhg, lying and being In Miami -Dade Donny, Florida,
AND
Those certain trans or parcels of lend situate In the Northeast one -quarter of the Northeast one.quatter of the
Southwest one -quartet' of Section 18, Township $3 South, Range 42 East, particularly described as rams, to wit:
Commencing at a paknt 358 feet Solidi and 446 Peat West or the Southeast comer of the Northwest one -quarter of
Section 18, Township 53 South, Range 42 East, and run South 100 feet; thence West 50 feet; thence North 100 feet;
thence East 5o feet to Point of Beginning.
AND
Commencing at a poke 258 feet South, and 446 feet West of the Southeast comer of the Northwest one -quarter of
Section 18, Township 53 South, Rangy 42 Past, and run South 100 feet; thence West Street; thence North 100 feet,
thence East 50 feet t0 Paint of Beginning,
AND
At of Lots 8, 9, 10 AND 11, In Block 3 of "MAP OP BAYSNORE", awarding to the Pin thereef, as recorded fn Pnat0ook
5, Page 116, of the Public *easels of Mieml-Dade County, Florida.
AND
All of Lots 1, 2,3,4,5,6 and 7, In Block 'E' of "Revised Plat Stowing Blocks 4 & 6, Tracts C & E of BAY SNORE",
accenting to the Piettheleof, es recorded In Plat Book 9, Page 60, of She Public Records of t4iam6Dade County,
Florida.
Said lands situated in the City of Miami, Miami -Dade Cauhty, Florida.
AND
Lots 1 through 6, inclusive, of Block 4, of REVISED PLAT SHOWING BLOCKS 4 & 6, TRACTS C IA E OP BAY SNORE, P
according to tie Plat thereof, recorded In Plat Book 9, at Page 60, of the Public Retards of MlarohDade County,
Florida.
(CONTINUE) g
AM)
Beginning 258 Feet South of the Southeast corner of Northwest one quarter of Section 18, Tawn4$p 53 South, Flange
42 East; tlhenoe nun West 416 feet to a Starting poke thence South 200 feet; thence West 30 feet; thence North 200
feet: thence East 30 feet to the POINT OF BEGINNING.
1
O
AND
Commence at the Intersection of the tatty of Miami monument Roes of N.E. 61st Street with N.E, S8h Avenue; thence
due South, along the City of relent' monument line of N.E. 5th Street, a distance of 142.01 feet; thence South
89°36'56" East, a distance of 39.00 feet to the Southwest comer of Lot 29 of "WHITE'S LEMON CITY", according to
the Plat thereof, as recorded In Plat Book "8", Page 32 01 the Public Retosds of Miami -Dade County, Florida; thews
continue a South 89°36'56" East, along the South One of said Lot 29 and its Easterly ettenslon, a distance of 243.13
feet to the Northwest carter of tot 2 01 "BAY SHORE REVISED", according t° the Plat thereof, as recorded ia Plat
Book 9, Page 60, of the Public Reowds of Miami -Dade County, Florida; thenon South 00°03'50" West, a dbtanc4 of
200,00 feet to the Northeast corner of Northeast 608h Street tight-of•way, et Its point of termination at thhe West One
of Lot 1 of said Plat of "BAY SHORE REVISED" and the Point of Beginning; thence centre* South 00°03'S0" West,
along die West line of Lot 1 of said "BAY SNORE REVISED" Plat and as Southerly extension, a distance of 38.76 feet
toe point on the South right-of-way line amid N.S. 60 Street; thence North 89°3536" West, a distance of 228,97
feat to a Ott on the East right-of-way One of Northeast 50t Avenue; theme North 12°34'18" West, a distance of
54,40 feet to a point on the arc of a circular curve concave to the Northeast, haWng a radius of 25.00 feet and a rattle!
bearing or South 64°51'25" West; thence Southeasterly and Easterly, through a central angle of 64°26'25 . an arc
oist nco of 28.12 feet to a poem on the North right-of-way Ile of said Northeast 60 h Street and a Pointof tangwicy;
thence North 89°35'00" West, along said North tight -away One; a distance of 218.41 feet to the Point or 8egkuang.
Said land situated In the dty of Miami, Mlomi-Dade County, Florida.
Book29158/Page2900 CFN#20140362207 Page 7 of 8
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OR SI< 2915s PG 2901
LAST PAGE
Exhibit B
The EastI3Sfeet of Lute, less the North4feet of the &WM feet for right.ce-way in Biodt "V of THE REVISED PLAT Of
. Et:00(64&6 AND TRACTS C & E OF DAY SHORE, according to the plat thereof as recorded In PRIL Back 9s P8118.60.
the Public Records of Mionl-Dede County, Florida; efiria Portion of Lottnand tots 19 and 20, lees the North4feet for
right•of my, of MEWS, LEMON aTy, according to the Fret thereof es recorded In Piet Book "V, Pege32, «the Public
Records of Stiorni•Dade03unty, Florida.
Book29158/Page2901 CFN#20140362207 Page 8 of 8
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EXHIBIT H
"Transportation Recommendations"
Nunez, Efren
From: Soria Cordero, Irene
Sent: Wednesday, June 08, 2016 4:11 PM
To: Nunez, Efren; Worth, Collin
Cc: Harris, Sandra
Subject: RE: Cushman School - Traffic Study
Good afternoon Efren,
As previously discussed, the traffic study provided is for an enrollment of 499 students and it states that is not currently
proposing any increase in student population or changes to their school arrival and dismissal schedule. More so, it didn't
include any analysis on NE 5 Avenue that is currently being use for primary and middle school drop-off/pick-up of
students. In addition, it states that there is no sufficient parking for the school staff on site and that personnel use on -
street parking along NE 5 Avenue. The study mentioned that they have a total of 52 vehicles stocking site, however, the
trip generations shows that from 7:30 am to 8:30 am (peak hour) the school generates 535 total vehicular trips, that 329
are vehicle in and 293 are vehicle out. Additionally, the report submitted is from 2013 and it didn't consider future
growth as they didn't expect to grow. Therefore, it didn't project the current volume along Biscayne Boulevard for
future years.
We will recommend an updated study that include their proposed student enrollment increase, existing traffic volume
condition along Biscayne Boulevard, as well as adding NE 5 Avenue and NE 61 Street in their analysis. In addition, a
traffic operation plan for their queuing/stacking should be included with consideration of managing all trips on their site
internally.
Collin — Please reply to this email if you have any other comment.
Please let me know if you have any questions and/or would like to further discuss.
Thank you very much,
Irene
SorCw, P.E.
Senior Project Manager I Transportation Engineer
City of Miami I Capital Improvements & Transportation Program
444 SW 2°a Avenue, 8 Floor, Miami, FL 33130
Office: 305.416.1020 I Fax: 305.416.2153
Email: isoriacordero@miamigov.com
www.miamigov.com/capitalimprovements
From: Nunez, Efren
Sent: Tuesday, June 07, 2016 4:14 PM
To: Worth, Collin
1
Cc: Soria Cordero, Irene
Subject: FW: Cushman School - Traffic Study
From: Nunez, Efren
Sent: Tuesday, June 07, 2016 4:10 PM
To: 'rlg@miamidade.gov'
Cc: Worth, Collin
Subject: FW: Cushman School - Traffic Study
Good afternoon Ricardo:
As per our phone conversation today... Just want to verify that an increase in students either an additional 19 or 30
students would require an amendment to the Traffic Operation Plan for Cushman School? Said plan would be reviewed
and approved by MDC...
Efren Nunez, Planner II
Planning & Zoning Department
City of Miami
305.416.1402
EfrenNunez@miamigov.com
From: Ben Fernandez[mailto:bfernandez@brzoninglaw.com]
Sent: Monday, November 23, 2015 5:18 PM
To: RLG@miamidade.gov
Cc: Nunez, Efren; Richard; Daniel Koffsky (dan@skvlinemgmt.com)
Subject: Cushman School - Traffic Study
Ricardo, thanks for your time today. As we discussed, I am requesting an email from your Department to Efren Nunez at
the Miami Planning Department confirming that you have reviewed the plan for the Cushman School which includes a
new multipurpose building for athletics and the performing arts.
As we discussed, the plan maintains the same student population that was described in the traffic study prepared by
RGA, Associates. The new construction is limited to ancillary athletic and performance areas that will serve the existing
school population. Enclosed is the proposed plan for the school and the previous Traffic study submitted in relation to
the school and the vacation of street that runs through the campus.
We are now in the process of applying for the approval of the multipurpose building and the City requires this email
from you to allow us to file for the public hearing.
Please confirm that you received this request and let me know if you need anything else. I have attached the study for
your reference. Thanks again.
Bio
Vcard
2
Nunez, Efren
From: Gavilan, Ricardo (DTPW) <rlg@miamidade.gov>
Sent: Tuesday, June 07, 2016 4:42 PM
To: Nunez, Efren
Cc: Worth, Collin
Subject: RE: Cushman School - Traffic Study
Hello Efen,
Correct, the traffic operation plan provided to the county must be congruent with the school enrollment and
application approved by the city.
From: Nunez, Efren [mailto: EfrenNunez@miamigov.com]
Sent: Tuesday, June 07, 2016 4:12 PM
To: Gavilan, Ricardo (DTPW)
Cc: Worth, Collin
Subject: FW: Cushman School - Traffic Study
Good afternoon Ricardo:
As per our phone conversation today... Just want to verify that an increase in students either an additional 19 or 30
students would require an amendment to the Traffic Operation Plan for Cushman School? Said plan would be reviewed
and approved by MDC...
Efren Nunez, Planner II
Planning & Zoning Department
City of Miami
305.416.1402
EfrenNunez@miamigov.com
From: Ben Fernandez [mailto:bfernandez@brzoninglaw.com]
Sent: Monday, November 23, 2015 5:18 PM
To: RLGPmiamidade.gov
Cc: Nunez, Efren; Richard; Daniel Koffsky (dan@skylinemgmt.com)
Subject: Cushman School - Traffic Study
Ricardo, thanks for your time today. As we discussed, I am requesting an email from your Department to Efren Nunez at
the Miami Planning Department confirming that you have reviewed the plan for the Cushman School which includes a
new multipurpose building for athletics and the performing arts.
As we discussed, the plan maintains the same student population that was described in the traffic study prepared by
RGA, Associates. The new construction is limited to ancillary athletic and performance areas that will serve the existing
school population. Enclosed is the proposed plan for the school and the previous Traffic study submitted in relation to
the school and the vacation of street that runs through the campus.
1
We are now in the process of applying for the approval of the multipurpose building and the City requires this email
from you to allow us to file for the public hearing.
Please confirm that you received this request and let me know if you need anything else. I have attached the study for
your reference. Thanks again.
I3io
Vcard
BEN FERNANDEZ, ESQ.
Bercow Radell & Fernandez
200 South Biscayne Boulevard, Suite 850
Miami, FL 33131
305.377.6235 I Office
305.978.2866 I Cell
305.377.6222 I Fax
bfernandez@brzoninglaw.com
www.brzoninglaw.com
The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual
named above and others who have been specifically authorized to receive it. If the recipient is not the intended recipient, you are hereby
notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this
communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300.
2
BEN FERNANDEZ, ESQ.
Bercow Radell & Fernandez
200 South Biscayne Boulevard, Suite 850
Miami, FL 33131
305.377.6235 I office
305.978.2866 I Cell
305.377.6222 I Fax
bfernandez@brzoninglaw.com
miff
BER ColAt RADELLS, FERNANDEZ
20rW'1Nc , R-AN U qL i rio E:: 44 VII HMI:ML rr rAL LAW
www.brzoninglaw.com
The information contained 'In this electronic message is privileged and confidential and is intended only for the use of the individual
named above and others who have been specifically authorized to receive it. If the recipient is not the intended recipient, you are hereby
notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this
communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300.
3
EXHIBIT I
"NET Recommendations"
Nunez, Efren
From: Blanton, Sharie
Sent: Friday, June 03, 2016 4:07 PM
To: Nunez, Efren
Subject: UES NET comments RE: Cushman School - Expansion?
Section 3 should be amended to include. "...for low income students residing in the 33137, 33127 and 33150 zipcodes."
Section 3. Minority Scholarships. The owner agrees to provide a total of fifteen (15) full minority
scholarships per year.
Kind regards,
Your Zink to the Magic City
Sharie Blanton I Administrator
Upper Eastside NET I City of Miami
6599 Biscayne Blvd I Miami, FL. 33138
New Office: 305.960.5118
sblanton(@miamigov.com
IA Please consider your environmental responsibility before printing this e-mail.
Tell us how we are doing HERE
From: Nunez, Efren
Sent: Friday, June 3, 2016 3:39 PM
To: Blanton, Sharie <SBlanton@miamigov.com>
Subject: FW: Cushman School - Expansion?
Revised per the applicant....
From: Blanton, Sharie
Sent: Thursday, May 19, 2016 2:58 PM
To: Nunez, Efren
Subject: RE: Cushman School - Expansion?
1.