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11/16/76
ORDINANCE No,
AN ORDINANCE AMENDING ORDINANCE NO, 6871 THE
COMPREHENSIVE ZONING ORDINANCE EOM} THE CITY of
MIAMI► BY CHANGING THE ZONING CLASSIFICATION
Off` LOTS S TIMRU 75 BLOCK S , RAYS IDE. PARR AMto
(2.40) BE/NC APPROXIMATELY 255 N.E. 20TH TERRACE,
PROM C-1 (LOCAL COMMERCIAL) TO;C-4 (GENERAL
COMMERCIAL) ; AND BY MAKING THE; NECESSARY CHANGES
IN THE ZONING DISTRICT MAP MADE A PART OP THE
SAID ORDINANCE NO, 6871 BY REFERENCE ANDDESCRtP-
TION IN ARTICLE III, SECTION 2 THEREO'; BY
REPEALING ALL ORDINANCES, CODE SECTIoNC,;OR PARTS
THEREOF IN CONFLICT; AND, CONTAINING A SEVER`
ABILITY PROVISION.
WHEREAS, the Miami Zoning Board at its meeting of,
November 1, 1976, Item No, 2, following an advertised hearing,
adopted Resolution No. ZB 176-76 by a 3 to 3 vote (a tie vote
constitutes a recommendation of denial) recommending denial for
any change of zoning classification of Lots 3 thru 7, Block 3,
Bayside Park Amd (2-40); and
WHEREAS, the City Commission, notwithstanding the recom-
mendation of denial by the Zoning Board, and after
eration and due deliberation of this matter, deems
and in the best interests of the City of Miami and
to grant said petition;
NOW, THEREFORE,
CITY OF MIAMI, FLORIDA:.
Section 1. Ordinance No. 6871, the Comprehensive Zoning
Ordinance for the City of Miami be, and the same ishereby amended
Commercial)
careful.consid
it advisable
its inhabitants
BE IT ORDAINED BY THE COMMISSION OF THE
by changing the zoning classification from C-1 (Local
to C-4 (General Commercial) of Lots 3 thru 7, Block 3, Bayside.
Park Amd (2-40) being approximately 255 N.E. 20th Terrace; and by
making the necessary changes in the Zoning District Map made a
part of the said Ordinance No. 6871 by reference and description
in Article III, Section 2 thereof.
Section 2. That all laws or parts of laws in conflict
herewith be, and the same are hereby repealed insofar as they are
in conflict,
Section 3. Should any part or provision of this ordinance
be deolatec1 by a ooutt of totIetefit juti§i etiol to be Ltw 1'id i
the setle shall. not affeet the validity of the ordihanoe as a uhaie,
PAS8tb ON MST 1 L AbtNG tY TITLE ONLY thin _ . TW__.
day M �.__. _�_._. _ ,_:. , 1076,
PAS SEb ANb AbOPTEb ON SESONb ANb FINAL ItAbING fY tiTLE
ONLY this 16TH day of D C MBER__..__..__..._ :.__....: 1976,
,64
PREPARED AND APPROVED BY:
MICHEL E, ANDERSON
ASSISTANT CITY ATTORNEY
APPRQ ED AS TO FORM AND G RRECTNESS:
9. 7
ORGE F. OX, JR. ,f
CITY ATTOR. EY
MAURICE A,.FER5€
MAYOR
btetAPAt ONwQF....ktAtiliCtiMedkftWANtg,.,.ANb 1d tMEN
'f41S AdhttMtNT, made and ehteted ihto thig _:v_9_...M.4: day of
44,V 0m 004°,`',-...._.._ ._....,A 19/6, . by William Ws Binder and Linda Cs
binder, hit wife, and Nftbah Braman anti Irfiia $radian, iris wife,
hereinafter referred to as "Applicants", in favor of the City.
of Miami, a municipal corporation of the Mate of 'lotida,
hereinafter referred to as "City of Miami":
WITNEsSter H:
WHEREAS, William W. Binder and Linda C. Binder, his
wife, are the fee simple title holders to the legal property
described in Exhibit "A" hereto; and..
WHEREAS, Norman Braman and Irma Braman, his wife, are the
fee simple title holders to thelegal property described in
Exhibit "B":hereto, and
WHEREAS, said Applicants have heretofore filed a zoning
application for a public hearing in connection therewith, being
entitled Public Hearing File Number as filed with the City
of Miami, and,
WHEREAS, the Applicants desire to make a binding committment
that the said real property will be utilized as hereinafter
set forth;
NOW,. THEREFORE,. the Applicants hereby covenant and agree
as follows:
1. The land described in Exhibit "A" shall be used only
for those uses and purposes listed in the C-1 Zoning District
(Local,Commercial),of the Comprehensive Zoning Ordinance of the
City of Miami,as amended from time to time, and, in addition,
for automobile repair and service garages and for automobile
seatcover installation purposes, as more particularly specified
in the C-4 Zoning District (General Commercial).
2, The land described in Exhibit "B" shall be used
solely for those uses listed in the C-1 Zoning District
(l,oca . Coriiiiercial) of the Co nprehehsiVe tohing ordihaiice of
the City of Miami/ Platiida f as amended from title to tithes
The fotegoing are intended and shall be deemed
to be coVehants running With the land, and binding .upoh
the Applicants, their heirs, personal representatives,
successors and assigns. :.
4. The provisions of this. Agreement shall be effective
for a period of thirty (30) years from and after the date of
recordation hereof and may be released, modified or amended
by the Director of the City of Miami Building and Zoning
Department, or as a result of a public hearing before the
Miami City Commission, ifa majority of the then sitting
Commission should approve such release, modification or
amendment.
IN WITNESS WHEREOF, the Applicants have caused these
presence to be executed by them at /.c.f day of y 11',.A?,?n,6-4A..` ►
1976.
Signed, Sealed and Delivered
in the Presence of:
4. t : /L I_
'(,.','�
;c444
BRAMAN CADILLAC,.INC.
William W. Binder
a C. Binder, his wife
r//;'/
/ /OW /L302/1
;Norman Braman
Ima Braman s.wife
The Lessee, Btatan Mothts, l iC. and the duatahto $tamah
eadillad r ihdst Uhder the Certain lease indehttre efteted into
as of May 29,. 1576.by and between Williatn W. binder and Linda C.
binder► his intife,at lessOrr and Btanan MOtorSt Ihe.r a Florida
cotporationr as Lessee, do hereby consent to and authorize the
execution of the aforesaid Declaration of Restrictive CoVenants
and Agreement.
IN WITNESS WI-1FRFOF, the Lessee and Guarantor have caused
this consent to be executed as of / day of #
1976.
/
BRAMAN MOTORS,,:1NC., a
Florida corporation by
Norman Braman, President
(Lessee)
//:.1/117 72/0&V/1-
BRAMAN CADILLAC, INC., a
Florida corporation by
Norman Braman, President
(Guarantor)
§S:
COUNTY OF bAbF )
Before me personalty appeared i4ii1iaM W4 _bihdet...afid:Lihda;.,
i ,- and ._ .:_they d the
C. bindert his.,_Wife, they. acknot1ledged that execute
foregoing Agreement for the purposes therein described:
tn11TNESS My hand and Official Seal this I-; L-day of
1976.
My Commission Expires:
rt
STATE OF FLORIDA. )
SS.
COUNTY OF DADE )
Before me personally appeared Norman Braman and Irma Braman,
his wife, and they acknowledged that they executed the foregoing
Agreement for the purposes therein described.
WITNESS my hand and Official Seal this 0 day of
, 1976.
J✓
NOTARY PUBLIC
State of Florida At Large
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT IJR
MY COW $SION EXP:RES APR, 111;QO
BONDLD TNAJ GENERAL INS, UNDERMITFRS.
�. ''` : •� ;5 ;..�, `. ". �'�: �Y ) ;•..:._1
NOTARY, PUBL C
State of'Florida At Large,
hot 3, .4 acid Last 1/2 of tot Si block 1
AN2Nbtb PLAT . Or 8 , 8Ibt W fl f aecordih
to the Plat.theteof as teootded th Plat
took 2# at Pace 40, of the Public heootds
of Dade Colt/, P1b `ida,
bast 40 feet of Lot 6 and the West 1/2 of
Lot 5 ih block =Nb b PLAT OV bAtSlbb
PARRr according to the Plat thereof as
recorded. in Plat book 21 at Page 401 of
the Public Recorda.of bade County, Vloiida.
EXHIBIT 13
THIS
day of
Abt3alot)M To t3tGLARATION_bP..:.PtgTiliaqVEOVNANtgAN15.WEEKENT
bbEtvbUM To AC EEMENT, made and entered into this 16_"__
1976, by William W. tinder and tihda C.
Sirider, his wife, and Norman braman and Irma Braman, his Wife,
heteinafter referred to as "Applicants," in favor of the City
of Miami, a municipal corporation of the, State of Florida,
hereinafter referred to as "City of Miami"
W I T N E S S ET H:
WHEREAS, the Applicants have prepared and executed a
Declaration of Restrictive Covenants and Agreement, dated
November 1, 1976, which pertainsto the real property d
descrYbe
in Exhibit A and Exhibit B attached hereto, and
WHEREAS, the Applicants desire to amend and supplement
the aforesaid Declaration of Restrictive Covenants and Agreement("Covenant")
by the terms and conditions included herein;
NOW, THEREFORE, the Applicants hereby covenant and agree
to the following terms and conditions:
1. The land described in Exhibit A shall not be
automobile paint or body shop purposes during the period
in the Covenant.
2. The Applicants shall apply for a conditional use to
utilize the property described in Exhibit A for automobile repair
and service garage purposes, and for automobile seat cover
installation purposes, when and if Article XII (Local Commercial
C-1 District) of the Comprehensive Zoning Ordinance of Miami,
Florida,. is amended to allow for same as a conditional use therein.
Concurrent with such Application for conditional
use,
used
for
specified
the Applicants
shall apply for re -toning of the land described in Exhibit A
and Exhibit B froth C=4 to C-1 Zoning District.
when and if the land described in Exhibits A and B
is re -toned from C-4 Zoning District to C-1, the Declaration
of Restrictive Covenants and Agreement, dated NoVetnber 1, 1976,
filed with the City by the Applicants, together with this
Addendum, shall be deemed null and void without further action
by. the City.
4. All conditions and limitations contained in the
Declaration of Restrictive Covenants and Agreement; dated
November 1, 1976, not inconsistent with this Addendum are
hereby adopted and incorporated by reference.
IN WITNESS WHEREOF, the Applicants have caused these
sence to be executed by them on this ___ day of
1976.
Signed
in th
William W. Binder
nda C. Binder,his wife
The Lessee ► Btafitafi MotMMs ► the t ► and the Guarantor i Braman
Cadillac, Ind., under the det`taih lease ihdehttite Mitered into
as of May 29 ► i.97G by and between William W. Binder afid Linda G.
tinder► his wife, as lessor, and Erafnah Motors►Tnc•► a Florida
corporation, as Lessee, do hereby Cohseht toand atithoritethe
execution of the aforesaid Declaration of itestrictive coVenahts
and Agreement.
IN WITNESS WI1B 8OF, The Lessee and Guarantor have caused
this cohsent to be executed this. N 7-day of Lid,.....
P. ,;, ) j 7..7 /i'it;
BRAMAN MOTORS, INC., a
Florida corporation by
Norman Braman, President
(Lessee)
BR�MAN CADILLAC, INC., a
Florida corporation by
Norman Braman, President
(Guarantor)
STATE of PLbitlbA
SS:
COt)N'TY OE bAbE
before pie personally appe
ared William W. .bidder and Linda
C. Bindery his wife) and they acknowledged that they executed the
foregoing Addendum to the Agreement for the purposes therein'
described:
'WITNESS M hand and Official Seal this /dayof
My Commission Expires:
STATE OF FLORIDA )
SS:
COUNTY OF DADE ),
Before me, personally appeared Norman Braman and Irma`
NOTARY PLIC
State of lorida At Large
Braman, his wife, and they acknowledged that they executed the
foregoing Agreement for the purposes therein described.
WITNESS my hand and Official Seal this (_ day of
QP.t+LA_ , 1976.
My Commission Expires:
tr
NOTARY. PUBLIC
State of Florida At Large_
Mot 3r 4 and Raat 1/2,of tot 5t block Si
AM2Nbtb PUT OP bAYSIbt PARR, aedord ng
to the Plat theteof as teeotded in Plat
book 2t at Rage 40, of the Public Records
of bade County, Rlorida,
Last 40 feet of tot 6 and the Weet l/2,of
tot 5 ih Biook 1, AMtNbtD PLAT OP bAYsibt
PtPkb aoeotding to the Plat theteof as
tedotded ih Plat book 2, at Page 40, of
the ubiio Aeooids bf bade County, riotida,
gXHIHIT B