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HomeMy WebLinkAboutSubmittal-Ben Fernandez-HEPB Approvals-571 NE 67th STSubmitted into the public record f r it m(s) Q1.14 on 5J1 j{ . City Clerk Interstate Development, LLC HEPB Approvals 571 NE 67 Street City Commission May 24, 2018 BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW 105-S)b‘Ag th\aAeL- Nnit\io\ - 511 Ur 0\1' 5� 1. Support Letters Submitted into the public record f°r item(s) �y11 on 5/ 211 (1 . City Clerk -11 ID BERCOW RADELL FERNANDGZ & LARKIN ZONING, LAND USE AN ID ENVIRONMENTAL LAW Submitted into the public record f ite (s) on 5U& City Clerk JAVA HOLDINGS, LLC 12555 BISCAYNE BLVD #877, N. MIAMI, FL 33181 November 7, 2017 Warren Adams, Historic & Environmental Preservation Director Vickie Toranzo, Historic & Environmental Preservation Planner City of Miami Planning & Zoning Department 444 SW 2 Ave, 3rd Floor Miami, FL 33130 RE: 571 NE 67 ST Dear Mr. Warren and Ms. Toranzo: This serves as our Letter of Support for the Certificate of Appropriateness for the demolition of the existing structure and construction of a new 5-story structure at 571 NE 67 Street. The subject property abuts the property we own at 560 NE 68 Street on the southeast comer, and our property shares the same T5-O zoning by right. The proposed plan is within T5-O zoning guidelines, and the design pays homage to the mid-century modern styles found throughout the MiMo and Palm Grove districts, without mimicking any existing designs. We appreciate that the Applicant has reached out to us for our point of view. Thank you for your consideration. Shane M. Graber Sole Managing Member, Java Holdings LLC Submitted into the p recurSfpr item(s) � (.• "� on ( I1 6700 BISCAYNE BLVD LLC 4550 Sabal Palm Road Miami, FI 33137 Dear Honorary Chairman of the Historic & Environmental Preservation Board of the Clty of Miami, My name is Alex Karakhanian, managing member of 6700 Biscayne Blvd LLC, which owns 6700 Biscayne Blvd existing commercial building along the MIMO district In the City of Miami. We are very pleased to express our support for the neighboring project located at 571 Northeast 67ih Street. We personally find this project to exceed through careful massing articulation and intelligent design the character of the architectural styles of the MIMO district. In addition, this project will offer a unique solution to the transition between the more involve commercial uses to the East along Biscayne Boulevard and the Multi -Family and Single -Family Neighborhood of Historic Palm Grove to the west. In general, we feel this project will certainly become a great asset to the built environment of the district and will serve as a catalyst for any future development. Sincerely, Alekhanian 6700 BISCAYNE BLVD LLC Managing Member Submitted into the pub record for (s on DAT/CAT Properties, LLC 570 NE 68th Street Miami, Florida 33138 November 7, 2017 Honorary Chairman of the Historic & Environmental Preservation Board City of Miami. Dominic & Constance Terry 211 Manna Way Sylva, North Carolina 28779-6623 Reference: Letter of Support for Project Deerfield Lofts, 571 NE 67 St. File ID#3166 To Whom It May Concern; As property owners at 517 NE 68 St., directly north of the project we are in total agreement and delighted to summit a letter of recommendation. We feel that this project will not only enhance our area it will help encourage new smart growth. Thank you for your consideration. gominio- Wone'11 W Ye 7, City Cleric 1/ 2015 Gmail - Letter at Support tar 67th St Project Gail byCix1gk Submitted into the public record f r ite on S / City Clerk Dean Lewis <dblewisarch@gmail.com> Letter of Support for 67th St Project bob powers <bob powers@outlook.com> To: Dean Lewis <dblewisarch@gmail.com> Sent from my T-Mobile 4G LTE Device Letter of Support for 563 NE 67 Street Restorations and Proposed Use Dear City of Miami, The Palm Grove Neighborhood Association is pleased to submit our full support for the new Owner's historic restoration plans and future Leaming, Counseling Center use compatible with current T5 zoning. The restoration plans are impressive and well received and the operators are highly qualified professionals whom we welcome into our neighborhood. This street and its adjacency to the commercial MIMO District needs professional stakeholders to further improve our neighborhood's growth and quality of living. Therefore we strongly recommend and support this project application, as submitted, for all required City approvals and permits. Highest regards, Bob Powers 305-299-0052 President of the Palm Grove Neighborhood Association Sat, Jan 24, 2015 at 4:56 PM htlrsJhnail.goojje.comhmail/t ?ui=2dilt=855cbe27b1bvi ptdiseardwirtcoca nsg=14b1 17d5a&simi=14b1di1123b217d5a 1/1 Submitted into the public, on recordit s) jj'� 6/ tiCity Ci Clerk 6660 BISCAYNE DN, LLC 1521 Alton Road Suite 595 Miami Beach, FL 33139 Dear Honorary Chairman of the Historic & Environmental Preservation Board of the City of Miami, My name is Damian Narvaez and I am the managing member of 6660 DN, LLC, which owns 6660 Biscayne Blvd, a currently under construction adaptive reuse from office to retail of a contributing building in the MIMO Historic District in the City of Miami. We are pleased to provide our support for this innovative and appropriate project at 571 NE 67th Street. We feel that the developer has met the qualifications of complying with the MIMO architecture of the neighborhood while also meeting the sometimes difficult criteria of building on a small lot T5-L property by providing a buffer between the commercial and residential properties in the area. This project will create some beautiful new units for the neighborhood and will further encourage the walkable neighborhood that he hope MIMO becomes. Damian Narvaez 6660 DN, LLC Managing Member Submitted into the public record f9r ite J��,(s) Qt. 4 on 5/ Lq / t City Clerk ti -.r r - s Dear Honorable City Commissioners, I am Owner of: 551,560,570,536 and 540 NE 67 Street neighboring Palm Grove multi -family properties, and just west and across the street of the new proposed project 'Deerfield Lofts' at 571 NE 67 Street (T5-L zone). We are in full support of the current project design of Deerfield Lofts at 5 stories. We find the design attractive architecturally and appropriate in scale and massing. The multi -family loft units with the built in courtyard terrace are a much needed improvement over the small 'flat' unit apartments with very poor side yard views like the deficient, one story 4 unit building existing on site now, that should be demolished and replaced. The 2 story loft designed units of Deerfield Lofts will dearly improve the quality of living standard in our neighborhood. We find that this T5 zoned site and building will better buffer our residential neighborhood from the commercial corridor of the Mimo District and the rear commercial parking Tots that about our neighborhood. Furthermore, the Art Deco - Mimo style characteristics of the project are also Indigenous to our historic Palm Grove neighborhood and we urge the City Commission to vote in favor of the project as designed and presented today. Highest regards, Cyril Matz 305-926-2600 Letter of Recommendation City of Miami HEP Board: Submitted into the publiF record f r it (s) City Clerk on �l�l• November 7, 2017 This is a letter in support of project design for 571 NE 67 street. The projected project by Architect Dean Lewis would enhance the neighborhood and provide a barrier between the commercial and residential components of the area. As the owner of Palm Grove Counseling Association located next door to the west of the projected project at 563 NE 67 st. (the historic property for which we are completing substantial renovations), I am impressed with many functional aspects of the design, including the additional setback of the upper floors eastward creating amenity terrace space, and the the green, accessible roof terrace and trellis that not only offers a more organic skyline eastward, but also blocks the commercial hotel and office use buildings of the boulevard and their noisy service alley with parking lots immediately adjacent to our more residential neighborhood. Therefore, we urge the HEP Board to approve the COA for this project as designed and submitted as it will make a very positive addition to our neighborhood. Sincere Lisa Richberg, C Palm Grove Counseling Association Submitted into the public record for it (s) R2+ on 5f L4 1 . City Clerk Shulman 1 Associates 23 May 2018 Vickie Toranzo Historic Preservation Planner City of Miami Planting and Zoning Department 444 S.W. 2nd Ave.. 3rd Floor Miami, FL 33130 305.416.1137 vtoranzo@miamigov.com re: Proposed project Deerfield Lofts 45, 571 NE 67 Street Dear Ms. Toranzo: As an architect and longtime resident of the Bayside Historic District, I support 4-story/45' height (to the main roofdeck) as appropriate within the T5-L district of Palm Grove. The scale mediates between the 5-story allowable building height and the eclectic fabric of the historic district Allan Shulman FAIA, LEED AP Principal, Shulman + Associates Architect= Interior Design Urban Design Graphic Design 100 NE MI Strest Miami, FL 33131 T 305 43B OBOE F 905 438 0170 ahuimsn-desigucom AA 2800t0B0 Publications — Shulman + Associates I Design • Architecture Interior Urban Graphic Page 1 of 4 Shulman ± Associates Featured P News The Firm About Us Kr/ Staff Awards Exhibitions Conferences + Lectures Publications Press Careers Contact Publications by Allan Shulman Adorn! Modem Mebgpo►s: Paradise and Paadox in Aidpentu y Architecture and Planning, 2009 Allen Shulman, Editor. Bass Museum and Balcony Press. Ciudad City: Owen &fee, Miami Beech, U.S.A., 2000 Jose Gelabert-Nsv1, J.F. Lewes i Alin Shulman. Colpfa Ofioiel de ArgWlectos Vasco. AULA & AWN Trtpica1 2002 Alien Shulman & Greg Castillo, Guest *atom Tulin University. AWNArchaecbne: An AIA Guide, 2010 Alien Shulman, Randal Robinson Jr., 1 Jamea F. Donnelly. University Press of Finds. Publications by S+A Submitted into the pubt• record f r ite s) 4 on S City Clerk The AAed y of AWN Beach 1933-1942: The Architecture of Lawrence Alums Dixon, 2000 J.F. Lyerse & Allan Shuman. RizzolI Press. The Discipline of Nature: Architect Alfred Brownlng Parker In Florida http://www.shulman-design.com/publications/ 5/23/2018 Publications — Shulman + Associates I Design • Architecture Interior Urban Graphic Page 2 of 4 Shulman Associates Featured ProJects News The Firm About Us Key Stuff Awards Exhibitions Confersncss + Lectures Publications Press Canters Recent work. Recent work Recent nark, Recent work, Recant work, Recent work BOOK 1 BOOK 2 BOOK 3 BOOK4 BOOK5 BOOK8 Sprig 2013 Winter 2013 Summer 2014 Eat & Drink Building Skin The Florida Home Sting 2015 Fall 2018 Summer 2017 Submitted into the public record f9r it �(�s) ti r k on 5 City Clerk Essays and articles 'Adaptive Use is Vital for Cities', Preservation magazine, Winter luaus, 2018 "The Tropical Home In Florida: minimelism, modernity and suandnablity," 2015 Under the Sun: Traditions and Innovations In Sustainable Architecture and Urbanism In the Sub-Troples, publotion d Uninrsty of Mb = Center for Urban and Community Development. Sonia Chao, Editor. 2015 "Honelgon y hanspanncia: Bacardi an las Americas (Concrete and Transparency: Bacardi In to Americas)." SUMMA+ 13ik Transparendsa. 3 November, 2014 "Mapping LJncoln Road: Revslado s Ina Noll" and 'Miami Builds a Canker forArddiectun', 2013, Allan Shulman, Miami / editor in chief Kyle May; editors Jul@ van don Hat et al (Near York: CLOG). 'Urban Assemblage" "Building Bayard: Arctdtscture, Art i identity," November, 2013 'Miami's =ban Frontier,' Crait gs, MaroNApll, pp. 5943, 2011 "Miami Brower Up," ArehBeduel Record, June, 2010 "Photography changes is wy we sxparlance and understand the dry," intend contributor for Smithsonian Institution's Phobgr piny khlittve. 2010 Contributed the following suaays b Viand Madan, Mafopvia: Pandas and Paradox in Midcentury 4,c mean= and 'Va nig, Alan T. Shulman, editor (Glendale, CA; Bakeny Press. 2009) "Paradise & Panedoa: Postwar Mimi." The Tropical Hone: Modernity and the Construction of Au lhenholy, 'Garden City of Enterprise: Sunshine Studs Industrial Park" Postwar Tens Bed Harbour VNays and Bay Harbor Winds' (with Jean Francois Lepure). Eubkg Miaal's Library System' (with Jason Graham and Valerie Grasse0h), "Garden Apartment": Community. Tranquility and Amenity' (whom Karen Sc einbay), Suburbs on Edge: Residential Palisades and Concrete Canyons,' The FonWkabieu Hot": Modernity, Decadence and to Iconography of Lebaae.• The Arnettam Hoeft Mauling an Hemispheric Modernism,' Privileged Views end Uderweter Antics Swimming Pool. Diving Towers. and Cabana Colonies' (with Rocco Ceo).'Rufus Nene and the Fascination oft the Comet. Home."Aired Browning Perksr's Oryerdc Fbmida Hanes.' and Igor Puled:ky°s Birdcage Houses'. 'The Impact of Archilochus: Shaping Mims Art Sass/ Aft= Basch, 2008 Forward te Anthony Abbate, Subtropical Sustainable: A Context Sanslave Design Approach to Redevaiopment In Browad County, Fort Lauderdale: Snowed Community Design Collaborative at Florida Mantic Unimak. 2008 "The Americana Hots: Heaiphetic Thornhill and Global Controversy," Accent Bunco/: A Journal of Naas, Arts i Commentary, Fall 2005: Issue 8, pp. 3239, Non•puolt cultural Journal published quarterly "The Far Magee of Indoor - Outdoor thine in "History of Urban Form and Space la Broward County," Countywide Conammity Design Guidebook, Fort Lauderdale: Bernd County Planning Department, 2005: pp. B-1.11 'Morris Lapidus and to Search for a Hemispheric Modernism," AULA (Archlted as & Urbanism in Las Am etteas) 3: Aisne Tigoical Alan T. Shulman & Castillo. Greg. Guest Editors New Odeon= Tu laus UnMsly School of AndhioWco, 2002 pp. 48- 59 "Miami Modern," Beyond the Sox: Aid.Centwy Modern Arch/tacking in Ahern! and New Yak. New York: The Muuidpel Art Sdrietr of Nen York. Exhbitbn cetaiogus, °'Armco, Teri & Frambeger. David. Editors. 2002 "Pad Philippe Cret Modern Classicism and Civic Art,", The Modamiem AAzgaziw: 201h Cerm8ayAd and Design, Winter 1998: vol. 1. no. 3 "Igor PelevlMky's Vision of a Modern Florida.' The Journal ofDecorative and Prrpayrda Arta, Mimi: Watson Foundation of Decorative and Pgopsganda Arts, 1997: Volume 23. pp. 334309 "Miami Basch as Urban Assemblage." The New city Coral Gables: Unlveraly of Mimi School of Architecture, 1997: Volume 3,pp. 28-49 httpi/www.shulman-design.com/publications/ 5/23/2018 Publications — Shulman + Associates I Design • Architecture Interior Urban Graphic Page 3 of 4 Shulman Associates Featured Projects News The Fkm About Us Ksy Staff Awards Exhibitions Conferences + Lectures Publications Press Careen Submitted into the publ�� record for it(s on Si City Clerk Juried or refereed joumal articles 'The Comets Lie: Miami's Marine Passenger TenMns),' and 'The mixable one: two projects for CompsAla Ron Bacardi, SA, Annals of X Oommomo Brazil Seminar, Modem and iienstionat &uebt ComecUons 1955-75. Curitiba, 15- 18 October 2013 [electronic carboy Orys.: Michelle Schneider Santos. Salvador Gnomic. Panto Alegre: PROPARAJFRGS, 2013. (IS8N: 978-08-00188-14-7) (2013) 'Scholarly Ewlua ton for National Register Designation' published In Evaluating the Culhual Resources of the Recant Past In Florida, a white paper pursuant to a oonhrence at the Ham Museum of Art, University of Raids. Gaknesvlle, FL (2010) 'Resort as Urban Fowda ion: the Construction of Miami Bosch," in Corona and Maffei Eds. Transformations d Irian Faro: From interpretations to Methodologies it practice, ISUF 1999, Sixth international Seminar on Urban Faro. Universei degl skid di Firenze, Firenze: Nines edibles s.r.I., 1999: pp. FK221-FK2.24 (1989) Reviews and publications of academic works Wheeler, Katherine J.'Drawn From Miami; Exhibit reviorw. Journal of Architectural Education. Association d Collegiate Schools of MtNls twe biog. February 19 Puodaralr, Alexandra. 'Miami Tuns Up the Design Heat, The elan! Center for Architecture opens new space withhnpwsi saltation, Drawn From Miami; Architect's Newspaper. February 8 Review dMimi Modem fiabopds in Punning Perspectives (international pear -reviewed journal dpluming. architecture, and the environment published 8 times a year by Roulades), Volume 28, Issue 2, Aprl 2011. pp 313343 Review of Aland At dun Metropolis In Urban History (International refereed Journal published quarlrty by Cambridge University Prm), Sprng 2011 (accepted for publraeon). Review of book Adam! Modem Mebopds, Hector Fernando Burge, Beds* Phasing Journal, v. 23 Pear -reviewed sdgIsrly [turd published by the Graduals Sdnool of Cly and Regional Panning at University of California. Berkeley. Review of bait Mani Modem Metropolis. Midis geld Sabah o. Pieces (peer -reviewed interdisciplinary journal of contemporary rcMacl re, kmdscape, and urbanism; online only since Spring 2009) Review of book Miami Modem Metropolis, Timothy BrR1aln-Cslin, The Architectural Review (money international architectural magazine published in Ladon since 1896), August Issue Review of book Miami Modem Mebvpols, Rob SteutvlIs, New Urban News ()oumal focused on glamors of New Urbanism; published eight times a yea ). June 2010 Issue Review of book Miami Modern Afebopois, Stephen Sherpa, 'Mlanl Retrospective; Teas Architect (Mid Journal at the Texas Society of Architects), June Man Shulman featured in Mike Welton, lewd Modem at the AIA Convention; www.rehlsdaandarthe s.eom (Onke design magazine addressing topics of design and susteknebllty). 07 June Review d book Aland Auden Mssgpols, Mile Walton, 'Miami's Mklantury Moderns,' www.arddaeuandarti ans.onm (Online design magazine ire addressing topics of design and suWlnablly). 06 May Review of book Miami Modern Meicpab, Terence Riley, 'Miami Makes Its Own History; no Ardded' Newspaper, May Print and online publication with nationwide distribution, published bit- eskly. Review d book Weird Modem Meiopob Aaron Brtt, 'Miami Modem Metropolis; www.DwaLcom. January Rsvgew of exhibit i to ems: Miami and the Pan-American Dream Kevin Wynn, 'View den Future through the Eyes of the Past Interim' Exhblbn Shows Vision of Mimi; www.mumIsAsins.com, June Revues of exhibit iMrrw: Mimi and the Pan-American Dream David RHldnd, 9rnerama: Miami end the Pan-American Dream; Cis.. Spring 2009, pp. 38-37 http://www shulman-design.com/publications/ 5/23/2018 Publications — Shulman + Associates I Design • Architecture Interior Urban Graphic Page 4 of 4 Shulman Associates Featured Proiects News The Finn About Us Key Staff Awards Exhibitions Conferences + Lectures Pubiations Pros Careers Review of 'odd* bniaame: Miami and the PamArnerlcen Omens Barbara Murdoch, 'Internam Fair Recreated 50 Year Later, !D. Magazine, 20 June Review of exhbk Promises d Paradf , and book project Miami Modern ANbopofs Textured in Saxon Henry, 'Behind the Facades,' The Modernism Magazkre, Winter 2007: pp. 34-35 Review d ednbit Promises d Paradise featured in "kiMo Than Meats the Eye,' www.mediabkdro.com,17 December Review of exhibit Promises of Peradsa and book project Alarm Modern AN6opols featured In .krlie Tanaka. 'Miami Modern Metropolis; Mary Vague, November 2007: p. 134 Review dexhblt Praoaes of Paradise babied in Eve M. Kahn, •A Show on Modernism, That Embattled SuMvor; The New Yak Tines, 29 November Preview of sxltbk Promises of Paradise in Thomas Hine, 'Miami Swank — and Its Opposite,' Humanities, Volume 281Number 8. November/December Review of exhibit The Fbdda Home: Medan Living "Architectural Style: Bauhaus Meets Post -WWII Practicality kr These South Florida Houses,' Florida Hare, Spring/Summer Review of exhibit The Ronda Home: Mods Lhers "Mimi Museum showcases generation of hones,' Travel Meekly, 20 September Preview of book talon! Modern Msbopofs In 'Miami Modern. Aronfad Magazine, July Urban design works and studio at the Bauhaus -Dessau and Pimiento featured In Herald Bodenadatz. "Nevi Urbanism and the European Perspective: Masterplan br the revnalization of Zaehomawbe. Gann any, Rob Krier, TOwah Spaces: Contemporary Ahtrametadons h Trastiona! Urbanism, Basel: BkkhaOesr Urban design works and studio at the Bauhaus -Dessau featured In Harald Kegler, 'The New Town; Bauhaus Dessau MduasieAea Ga*laaeich !!: , Berlin: Ex Pose / Dessau: Sifting Bauhaus Dessau Review of book and exhbk The PAWN) ot Miami Beach 1933-42, Oi4dxiechaas, Pads n' 1201Aprli 2002: p. 11 Review of exhbk Bafond the Box: Mid -Century Modern Anddeduw h Mien! and New York; Jul. Lesley, God, September 200 : vol. 80, no. 9 Review of exhbit The AMMnp of ABiarni Bead /933 42, Richard Long. zstrh, American Studies international, October 2001: vol. 39, no. 3 Review of book and sxhblt The Melting of Mimi Bead, 1933-42, Ardh5daturAkluel. Vienna, October 2001 Review of exhibit emend the Box: Mid -Century Madam Architecture in AIen,i and New Yak; Tam Austin, "Deco Fabulous: a new book showcases the amddtectural masterpieces that defined the bolt of South Beach, Oman Drive, October Publication of student works (University of MtsrnI Maser of Architecture Suburb 8 Tosm Design) In Bauhaus Rift Plot Phase, CD-ROM, Bauhaus: Dessau Foundation Submitted into the public record fir itejn(s) 9 L r Li on 5114 I l& . City Clerk httpJ/www.shulman-design.com/publications/ 5/23/2018 Letter of Support - 'Deerfield Lofts' 571 NE 67 St - Miami Dear Honorable City Commissioners, Submitted into the lic record for it s) on City Clerk I am Owner of:572 NE 67th st. , 560 NE 67th st. , neighboring Palm Grove multi- family properties, and 540 NE 67th St , and 536 NE 67th and 551 NE 67th St, just west of the new proposed project: 'Deerfiedl Lofts' at 571 NE 67 Street (T5- L zone). We are in full support of the current project design of Deerfield Lofts at 5 stories. We find the design attractive architecturally and appropriate in scale and massing. The multi -family loft units with the built in courtyard terrace are a much needed improvement over the small 'lief unit apartments with very poor side yard views like the deficient, one story 4 unit building existing on site now, that should be demolished and replaced. The 2 story loft designed units of Deerfield Lofts will dearly improve the quality of living standard in our neighborhood. We find that this T5 zoned site and building will better buffer our residential neighborhood from the commercial corridor of the Mimo District and the rear commercial parking Tots that about our neighborhood. Furtherrnore, the Art Deco - Mimo style characteristics of the project are also indigenous to our historic Palm Grove neighborhood and we urge the City Commission to vote in favor of the project as designed and presented today. Highest regards, Cyril Matz SCC- ciao • 2(a o0 Submitted into the publ}i�c record for ite (s) 1" L. on 5/ ZA �• City Clerk 2. Covenant BERCOW RADGLL FERNANDEZ & LARKIN ZONING, LAND Li SE ANI ENVIRONMENTAL LAW This instrument was prepared by: Ben Fernandez, Esq. Bercow Radell d, Fernandez, PA 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 Submitted into the public . record �oxilZ( t(erai s) Q �, 14, on /v` City Clerk (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the `Declaration") made this day of , 2018, by Interstate Deerfield, LLC (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"). WHEREAS, the undersigned Owners hold fee simple title to certain real property located at: agga Exhibit A, attached hereto, and hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. Declaration of Restrictive Covenant Page 2 of 7 Submitted into the public record f it (s • 14 on S�ZN_ City Clerk NOW THEREFORE, the Owners voluntarily covenant and agree that the 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 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 make the following voluntary declarations running with the land concerning the use of the Property: 1. That all structures on the property shall be limited to the maximum height permitted by the T3-L zoning transect regulations. The permissible uses on the Property shall remain as allowed under the T5-L transect regulations, or as allowable by special permit under the T5-L transect regulations, and the Property may apply for and transfer floor area as may be permitted by Chapter 23 of the City of Miami Code. 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. Section 4. Applicable Law & Venue: Attornev's Fees. 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 attomey's fees. Declaration of Restrictive Covenant Page 3 of 7 Submitted into the publikc record fqr ite (s) Li on 5/ �Iu City Clerk Section 5. 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 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 of Miami Planning and Zoning Board Appeals Board and 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 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. 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 budding 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 attomey's fees. This enforcement provision shall be in addition to any other remedies available under the law. The award of attomey'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. Recordinca: Effective Date. This agreement shall be recorded and shall constitute a covenant running with the land, and shall be binding on the Parties, their successors, heirs, and assigns. This Agreement shall be effective for a period of 30 years, and shall be automatically renewed for successive periods of 10 years unless either party gives notice and records it at least 30 days prior to the expiration of any 10 year renewal period. Covenantors shall record this Declaration of Restrictive Covenant Page4of7 f` Submitted into the public record fopteni(s) City Clerk on / j Agreement and provide a copy to the City within 5 days of the Effective Date of this Agreement. Section 9. Construction. Nothing in this covenant shall be construed to create or imply a vested right to any development. This covenant shall be construed as a restriction, and shall not be construed to authorize or permit any development that is not in compliance with the local laws and regulations in effect at the time of the application for any permit. 1 [Signature Pages to Follow] Dedaration d Restrictive Covenant Page 5 of 7 ACKNOWLEDGMENT CORPORATION Submitted into the pubf records it (s on Signed, witnessed, executed and acknowledged on this day of , 2018. Witnesses: Signature Print Name Signature Print Name Interstate Deerfield, LLC By: Title: Address: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by the of , on behalf of the corporation. He/She is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2018, in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Declaration of Restrictive Covenant Page 6 of 7 Approved as to Form and Correctness: By: Victoria Mendez City Attomey Approved: By: Francisco Garcia Director of Planning and Zoning Approved: By: Davin Cejas Zoning Administrator Approved: By: Juvenal Santana, P.E. CFM Director of Public Works Approved: By: Jose Camero, R.A. Director, Building Department Submitted into the publkc record fo terp(s) l on 5 / L k 1� . City Clerk Submitted into the publAe record fqr itep(s) as on SJ t4 Ili/ . City Clerk 3. Secretary of Interior's Standards for Rehabilitation �7 BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 1 of 3 Submitted into the pub is record for it (s t. 4 on 5 f 7,4 / ( . City Clerk Technical Presery Standards Guidelines Illst my Vokrod Moods RDA Windows ,Errtrsnces'Porches 54drefronts Structuril Strom Spoceaurivelifinistas dockwiCilll Satbnig Energy New Adeibons Azossibility i Credits "Rehabilitation" is defined as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, The Secretary of the Interior's Standards for Rehabilitation Introduction to the Standards The Secretary of the Interior is responsible for establishing standards for all programs under Departmental authority and for advising Federal agencies on the preservation of historic properties listed in or eligible for listing in the National Register of Historic Places. The Standards for Rehabilitation (codified in 36 CFR 67 for use in the Federal Historic Preservation Tax Incentives program) address the most prevalent treatment. "Rehabilitation" is defined as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values." Initially developed by the Secretary of the Interior to determine the appropriateness of proposed project work on registered properties within the Historic Preservation Fund grant-in-aid program, the Standards for Rehabilitation have been widely used over the years —particularly to determine if a rehabilitation qualifies as a Certified Rehabilitation for Federal tax purposes. In addition, the Standards have guided Federal agencies in carrying out their historic preservation responsibilities for properties in Federal ownership or control; and State and local officials in reviewing both Federal and nonfederal rehabilitation proposals. They have also been adopted by historic district and planning commissions across the country. The intent of the Standards is to assist the long-term preservation of a property's significance through the preservation of historic materials and features. The Standards pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and interior of the buildings. They also encompass related landscape features and the building's site and environment, as well as attached, adjacent, or related new construction. To be certified for Federal tax purposes, a rehabilitation project must be determined by the Secretary to be consistent with the historic character of the structure(s), and where applicable, the district in which it is located. https://www.nps.gov/tpsJstandards/rehabilitation/rehab/stand.htm 5/24/2018 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 2 of 3 Submitted into the public record fqr ite(s) pL, g on 5/ Di . City Clerk architectural, and cultural values." The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. As stated in the definition, the treatment *rehabilitation" assumes that at least some repair or alteration of the historic building will be needed in order to provide for an efficient contemporary use; however, these repairs and alterations must not damage or destroy materials, features or finishes that are important in defining the building's historic character. For example, certain treatments —if improperly applied —may cause or accelerate physical deterioration of the historic building. This can include using improper repointing or exterior masonry cleaning techniques, or introducing insulation that damages historic fabric. In almost all of these situations, use of these materials and treatments will result in a project that does not meet the Standards. Similarly, exterior additions that duplicate the form, material, and detailing of the structure to the extent that they compromise the historic character of the structure will fail to meet the Standards. The Secretary of the Interior's Standards for Rehabilitation The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related landscape features and the building's site and environment as well as attached, adjacent, or related new construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of httns://www.nns.gov/tps/standards/rehabilitation/rehab/stand_htrn 5/24/2018 The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 3 of 3 structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 1 Nome I Next I Previous Submitted into the putiki record f9r it m(s) G. t on S%ti41 . City Clerk https://www.nps.gov/tps/standards/rehabilitation/rehab/stand.htm 5/24/2018 Planning Successful Rehabilitation Projects, New Construction —Technical Preservation Services, National Park Service Technical Preservation Services Nate Pin Sink* WS-Cepa'ton antetthe interior }tome > The Standards > Applying Rehabilitation Standards > Successful Rehabilitations > New Construction Planning Successful Rehabilitation Projects Acquired Significance and Standard 4 Continued Historic Use and Standard 1 Windows Evaluating Historic Windows for Repair or Replacement Replacement Windows that Meet the Standards Documentation Requirements for Proposed Window Replacement Interior treatments Submitted into the pub t lr� record for item(sl on City Clerk Identifying Primary and Secondary Interior Spaces in Historic Buildings Changing Secondary Interior Spaces in Historic Buildings Historicaily-Finished Secondary $paces —Avoiding Problematic Treatments at Project Completion Subdividing Assembly Spaces in Historic Buildings Retaining Corridors and Other Circulation Spaces in Historic Buildings Interior Spaces. Features, and Materials in Highly Deteriorated Condition and Standard a New additions and related new construction New Additions to Historic Buildings New Construction within the Boundaries of Historic Properties Modern requirements and new technologies and materials Codes and Regulatory Reauirements for Rehabilitating Historic Buildings Enemy Efficiency. Sustainabifity. and Green Building Practices In Historic Buildines Evaluating Substitute Materials in Historic Buildinas New Construction within the Boundaries of Historic Properties It is possible to add new construction within the boundaries of historic properties if site conditions allow and If the design, density, and placement of the new construction respect the overall character of the site. According to the Secretary of the Interior's Standards for Rehabilitation - Standard 9 in particular - and the Guidelines for Rehabilitating JAstgricAuftklings, new construction needs to be built in a manner that protects the Integrity of the historic building(s) and the property's setting. hitps:i/www.nps.gov/tpslstandardslapplying-rehabiVlalior/successful-rehabtnew-construction.htm 1/2 2/2/2018 Planning Successful Rehabilitation Projects, New Construction —Technical Preservation Services, National Park Service In addition, the following must be considered: • Related new construction - including buildings, driveways, parking lots, landscape improvements and other new features - must not alter the historic character of a property. A property's historic function must be evident even if there is a change of use. • The location of new construction should be considered carefully in order to follow the setbacks of historic buildings and to avoid blocking their primary elevations. New construction should be placed away from or at the side or rear of historic buildings and must avoid obscuring, damaging, or destroying character -defining features of these buildings or the site. • Protecting the historic setting and context of a property, including the degree of open space and building density, must always be considered when planning new construction on an historic site This entails identifying the formal or informal arrangements of buildings on the site, and whether they have a distinctive urban, suburban, or rural character. For example, a historic building traditionally surrounded by open space must not be crowded with dense development. • In properties with multiple historic buildings, the historic relationship between buildings must also be protected. Contributing buildings must not be isolated from one another by the insertion of new construction. • As with new additions, the massing, size, scale, and architectural features of new construction on the site of a historic building must be compatible with those of the historic building. When visible and in close proximity to historic buildings, the new construction must be subordinate to these buildings. New construction should also be distinct from the old and must not attempt to replicate historic buildings elsewhere on site and to avoid creating a false sense of historic development. • The limitations on the size, scale, and design of new construction may be Tess critical the farther it is located from historic buildings. • As with additions, maximizing the advantage of existing site conditions, such es wooded areas or drops in grade, that limit visibility is highly recommended. • Historic landscapes and significant viewsheds must be preserved. Also, significant archeological resources should be taken into account when evaluating the placement of new construction, and, as appropriate, mitigation measures should be implemented if the archeological resources will be disturbed. Submitted into the p record ite on S l I lic s) Cite, Clerk nps.gov EXPERIENCE YOUR AMERICA"