HomeMy WebLinkAboutExhibit C - SUBI THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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� The Cushman School
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1 FILE ID 16-00729cm
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1 City Commission
� June 23, 2016
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BERCOW RADELLSFrRNANDcZ
ZON1N0. LANID L1SE ANC/ ENVIRONMENTAL LAW
1C0-007261chl Exhi bi f.C-S'ue
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Tab Document
A. Revised Covenant
B. Fire Inspection Approval
C. County Confirmation of 535 TOP
D. Student and Parent Handbook
E. Support Letters
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
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
(Space Reserved for Clerk2
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.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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 -Five (535) students. Enrollment above 535 students shall require
a revised Transportation Operation Plan (TOP) from Miami Dade County. The Owner shall submit
to the City by November 1' 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.
• THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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. 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.
Section 11. Amendment and Modification. This instrument may be 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
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
addition to any other remedies available under the law. The award ofattorney'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 and Release. The covenants and restrictions of this Amended and
Restated Declaration shall run with and bind the Cushman Property, and shall inure to the benefit
of the City of Miami.
[Signature Pages to Follow]
•
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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, Inc.
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 The Cushman School, Inc., 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.:
Accepted by City of Miami Commission Resolution R-
Approved as to Planning Requirements:
Planning Director
Approved as to Zoning Requirements:
Zoning Director
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
The Cushman School Property
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THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Exhibit B
The Original School Property
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
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.
THIS DOCUMENT IS A SUBSTITUTION TO!
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
Exhibit C
Additional Lands acquired since the 1991 Covenant was recorded.
This Instrument was prepared by and after recordation return to:
Name: Ben Fernandez, Esq.
Address: Beroow Rade11 & Fernandez, PLLC
200 South Biscayne Boulevard, Suite 850
Miami, FL 33131
MODIFICATION OF DECLARATI
IN FAVOR OF CITY
SUBSTITUTED
(Space Reserved for Clerk)
OF RESTRICTIONS
MIAMI
THIS MODIFICATION OF A DECL TION OF RESTRICTIONS IN THE FORM
OF A COVENANT RUNNING WITH TH : AND IN FAVOR OF CITY OF MIAMI (this "
Modification ") is made this da 2016 by the Owner of record who
is THE CUSHMAN SCHOOL, INC., : of for profit Florida corporation (hereinafter referred to
as the "Owner"), is in favor of the CI OF MIAMI, FLORIDA, a municipality located within
the county of Miami -Dade, State of r 'rida (hereinafter referred to as the "City") for the property
more particularly described in the ' ached Exhibit A (the "Cushman Property").
WITNESSETH:
WHEREAS, a D - . aration of Restrictive Covenants (the "Covenant") was recorded by the
Owner on August 28, 1, at Official Records Book 15168, page 4342 — •4356 of the Public
Records of Miami- e County, Florida, concerning a portion the Cushman Property more
specifically describ in Exhibit B (hereinafter described as the "Original School Property").
WHE
by the City
AS, the Covenant was recorded in relation to a zoning change approved in 1991
ission for the Original School Property.
REAS, the Owner acquired additional lands (described in Exhibit C) adjacent to the
Origi School Property during the 25 years since the Covenant was accepted by the City
Co ission.
WHEREAS, the Cushman Property that is the subject of the Covenant and the additional
and acquired by the Owner were rezoned in 2010.
SUBSTITUTED
WHEREAS, circumstances have changed since the Covenant was recorded in 1991 i
the additional lands acquired by Owner have been developed with additional school buil
facilities.
WHEREAS, the Covenant required minority scholarships, limited the
tuition paying students, addressed night-time events and established a vehicular
for the Original School Property.
at
and
ollment of
culation plan
WHEREAS, the Owner wishes to amend the Covenant to reflect new lands and the
revised population of students at the school.
WHEREAS, the City and Miami -Dade County have approv
plans in relation to the operation of the school that address both th
the additional lands acquired by the school.
evised vehicular operation
riginal School Property and
NOW THEREFORE, the Owner voluntarily cov: s is and agrees that the Cushman
Property shall be subject to the following restrictions that . e intended and shall be deemed to be
a covenant running with the land and binding upon th wner of the Cushman Property, and its
heirs, successors and assigns as follows:
Section 1. The recitals and finding set fo in the preamble of this Amended and Restated
Declaration are hereby adopted by reference to and incorporated herein as a fully set forth in
this section.
Section 2. Enrollment. The o er agrees that it shall limit its student enrollment to a
maximum of Five hundred Thirty (530 . tudents. The Owner shall submit to the City Planning and
Zoning Director by November 1' each year, a letter from a Certified Public Accountant
certifying the amount of the stude ' enrolled for the school year; and the minority representation
of the scholarship recipients.
Section 3. Minori _ cholarshi . s. The owner agrees to provide a total of fifteen (15) full
minority scholarships per - ar.
Section 4.
extra -curricular ev
curricular events
no later than 1
a copy of th
curricular : ents.
t-time Events. The Owner agrees to hold no more than one night-time
t per school quarter, for a total of no more than four night-time extra-
er school year. Each of the night-time extra -curricular events shall terminate
0 p.m. The Owner shall submit to the City, by November 1st of each school year,
fficial school calendar depicting the dates and times of the four night-time extra-
ection-5. Performance Bond. The Owner shall post a $10,000.00 Performance Bond for
p •d of (36) months from the date of this instrument's recording in the Public Records of
-Dade County, which shall be forfeited to the City of Miami if any of the conditions herein
ntained in this Declaration are breached by the Owner during said 36 month period. The
1
SUBSTITUTED
performance bond shall be substantially in the form provided by 255.05, Fla. Stat. and shall n
the City as sole oblige.
Section 6. Park Contribution. The owner shall contribute. Fifteen thousand doll- : ($15,
000.00) to the City of Miami Parks. Department for playground improvements at Eato k.
Section 7. Enrichment Courses. The School shall provide comm
courses that will be open to two (2) students that qualify for financial assistance
The courses shall offer a range of topicsincluding, but not limited to, personal
arts, music production, sewing, and photography. These courses will be
addition to the minority scholarships described in Section 3.
enrichment
session basis.
rovement, visual
ered to students in
Section 8. Prior Agreements. Upon the execution of ' Amended and Restated
Declaration of Restrictive Covenants, the restrictions described the Covenant, recorded at
Official Records Book 15168, Page 4342 — 4356 of the Public cords of Miami Dade County,
Florida, are hereby and expressly automatically terminated by I utual consent of the parties and
shall be of no further force and effect.
Section 9. Effective Date. This Amended and ' . ated Declaration is effective at the date
of execution hereof. This instrument shall constitu a covenant running with the title to the
Cushman Property shall be binding upon Owners, r successors and assigns. These restrictions
shall be a limitation upon all present and future 0 ers of the Cushman Property and shall be for
the public welfare.
Section 10. Applicable Law & ue; Attorney's Fees.. Florida law will apply to
interpretation of this Amended and Resta i Declaration. Venue in any civil actions arising under
this instrument shall be in Miami -Dade ounty, Florida. Each party shall bear their own attorney's
fees.
Section 11. Amendme : nd Modification. This instrument may be modified, amended,
or released as to any portion o i e Cushman Property by a written instrument executed by the then
Owners of the fee -simple ti to the Cushman Property, provided that same has been approved by
the City Commission, u • • a recommendation from the City of Miami Planning, Zoning and
Appeals Board as provi ' d by law, after a public hearing which public hearing shall be applied for
at the expense of th- •wner. Following a final approval of such modification amendment or
release as specifi - , erein, the Director of the City of Miami's Planning Department or his
designee shall e ute a written instrument in recordable form effectuating and acknowledging
such modifica ' . , amendment or release. Such instruments shall be in a form acceptable to the
City Attome
tion 12. Inspection and Enforcement. It is understood and agreed that any official
inspe of the City of Miami may have the right at any time during normal working hours of
ent,, 4 g and investigating the use of the Property to determine whether the conditions of this
D aration and the requirements of the City's building and zoning regulations are being complied
ith. 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
SUBSTITUTED
violate any covenants of this Declaration, or provisions of the building and zoning regulatio
either to restrain violations or to recover damages. The prevailing party in the action or suit • ; 1
be entitled to recover costs and reasonable attorney's fees. This enforcement provision shal • e in
addition to any other remedies available under the law. The award of attorney's fees to a p ' ailing
party shall not be used or enforced against the City of Miami.
Section 13. Severabffitv. Invalidation of any one of these covenants by jud
shall not affect any of the other provisions of the Amended and Restated Declar
remain in full effect.
ent of Court
n, which shall
Section 14. Recording. This Amended and Restated Declaratio once accepted by the
City, shall be filed of record among the Public Records of Miami -Dade ty, Florida, at the cost
of the Owners, and the City of Miami Zoning Administrator will be ished a recorded copy by
the Owners within thirty (30) days of it being recorded.
Section 15. Duration. The covenants and restrictio : of this Amended and Restated
Declaration shall run with and bind the Cushman Property, owners of the Cushman Property
and their heirs, successors and assigns, and shall inure to , benefit of the City of Miami.
Section 16. Term of Covenant. This volunt covenant on the part of the Owner shall
remain in full force and effect and shall be binding en the Owner ofthe Property, its successors
in interest and assigns for an initial period of y (30) years from the date this instrument is
recorded in the public records and shall be au s atically extended for successive periods of ten
(10) years, unless modified, amended orrele• -d prior to the expiration thereof.
Section 17. Severability. Invalion of any one of these covenants by judgment of Court
shall not affect any of the other provisi • s of this Declaration, which shall remain in full force and
effect.
[Signature Pages to Follow]
SUBSTITUTED
IN WITNESS WHEREOF, the parties have executed this Amendment to be effected
the date first written above.
Signed, Sealed, and Delivered
in the presence of:
Witnesses
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI DAD
The Cushman School, In
a not for profit Florida .. oration
By:
Name:
Title:
Addres
The foregoing ins i ent was acknowledged before me this day of , 2016,
by who is the of Cushman School., a Florida
limited liability comp. , 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 Commissio u pires:
Notary Public, State of Florida
Print Name:
Commission No.:
Exhibit A
The Cushman School Property
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Exhibit B
The Original School Property
SUBSTITUTED
Lots 1 through 6, Block 4, of "Bayshore Revised" according to the Plat thereof,
recorded in Plat Book 9, at Page 60, of the Public Records of Miami -Dade Co
Florida.
SUBSTITUTED
Exhibit C
Additional Lands acquired since the 1991 Covenant was recorded.
Accepted by City of Miami Commission ResolutionR-
Approved as to Planning Requirements:
Planning Director
Approved as to Zoning Requirements:
Zoning Director
SUBSTITUTED