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2010-27436 ResoRESOLUTION NO 2010-27436 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION BELOW, FROM THE CURRENT PF-RHO, "PUBLIC FACILITY (RELIGIOUS, HOSPITAL, OTHER)," TO THE FUTURE LAND USE CATEGORY OF CD-2, "COMMERCIAL, MEDIUM INTENSITY;" WITH A RESTRICTION LIMITING THE PROPERTY TO NO MORE THAN 10 RESIDENTIAL UNITS PER ACRE AS PROVIDED FOR IN THE VOLUNTARY COVENANT. WHEREAS, the applicant, South Beach Heights I, LLC, has made an application to the City of Miami Beach to change the Future Land Use Map category for the parcel referred to herein as "South Shore Hospital," located at 630 Alton Road (sometimes referred to as 600 Alton Road), from the current PF-RHO, Public Facility (Religious; Hospital, Other) to the Future Land Use category CD-2, Commercial, Medium Intensity; and WHEREAS, the applicant intends to redevelop the former hospital site in accordance with the Land Development Regulations of the City Code with the exception of a limitation of no more than 10 residential units per acre as provided for in the voluntary covenant attached hereto; and WHEREAS, amending the Future Land Use category of the subject South Shore Hospital parcel as provided herein is necessary to ensure the development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the general health and welfare of the City; and WHEREAS, the City of Miami Beach has determined that changing the Future Land Use category of the subject South Shore Hospital parcel as provided herein will ensure that new development is compatible and in scale with the built environment, and is in the best interest of the City. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first and only public hearing shall be held on September 15, 2010 to consider adopting the proposed amendment; directing staff to transmit this small-scale amendment to the Florida Department of Community Affairs and making the appropriate changes to the Future Land Use Map of the City: LEGAL DESCRIPTION: A parcel of land commonly known as the "South Shore Hospital," approximately 105,198 square feet (2.415 acres), deemed to be a small-scale amendment, from the current PF-RHO, "Public Facility (Religious, Hospital, Other)," to the Future Land Use category of CD-2, "Commercial, Medium Intensity," with a restriction limiting the property to no more than 10 residential units per acre as provided for in the voluntary covenant. 1 of 2 20/a-a~y3~ 1 PASSED AND ADOPTED this- ~y~ day of .~ Gtl , 2010 A EST: A R ,~ .~' a~cc~lc,~ C TY-CLERK APPROVED AS TO _ FORM & LANGUAGE FOR EXECUTION or D e F:\PIAN\$PLB\dratt ordinances\1887-1888-1889 -South Shore Hospital\1887 - Reso setting public hearing.doc 1 of 2 Condensed Title: T:~ COMMISSION ITEM SUMMARY Resolutions of the Mayor and City Commission of the City of Miami Beach, Florida, setting Public Hearings to consider two Ordinances of the City of Miami Beach, Florida; one would amend the Future Land Use Map of the Comprehensive Plan by changing the Future Land Use Category for the Parcel known as the "South Shore Hospital," from the current PF-RHO, "Public Facility (Religious, Hospital, Other)," to the Future Land Use Category of CD-2, "Commercial, Medium Intensity;" and the other ordinance to change the Zoning Map from HD "Hospital District," to CD-2 "Commercial, Medium Intensity;" both with a restriction limiting the Property to no more than 10 Residential Units per acre as provided for in the Voluntary Covenant. Key Intended Outcome Supported: Regulatory and Neighborhood satisfaction Supporting Data (Surveys, Environmental Scan, etc Regulatory -required by Florida Statutes it Should the City Commission set the public hearings to consider amending the Future Land Use Map of the City's Comprehensive Plan for the South Shore Hospital from PF-RHO to CD-2; and amending the Zoning Ma from HD to CD-2. Issue• item summa iKecommenaat~on: SETTING FIRST READING PUBLIC HEARINGS The applicant, South Beach Heights I, LLC, wants to amend the Future Land Use and Zoning Maps for the South Shore Hospital so that commercial, retail, offices and residential uses may be permitted on the property. The subject site was a functioning hospital since 1967, but in the past several years, the viability has declined, and it is no longer accredited by the State. The 10-story office tower adjacent to the hospital building functioned as medical facilities and offices, but was heavily damaged by a hurricane several years ago and remains in need of physical repair. Several attempts have been made to revive the hospital use, and also to place a nursing home facility in the office tower, but to date, none of these proposals have progressed further. The applicant is proposing to change the Future Land Use Category of the "South Shore Hospital," site from the current PF-RHO, "Public Facilities -Religious, Hospital, Other," to the Future Land Use Category CD-2, "Commercial, Medium Intensity," and the Zoning Map from HD to CD-2 restricting the residential use to no more than 10 units per acre, agreed upon by a voluntary covenant running with the land. The Administration recommends that the City Commission approve the resolutions setting the public hearings for September 15, 2010. Aaviso ~soara rtecommendation: At the June 22, 2010 meeting, the Planning Board recommended that the City Commission approve both ro osed chan es to the Future Land Use and the Zonin Ma s b a vote of 6-0 one member absent . Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: The proposed resolution is not expected to have any fiscal impact upon the resources of the Ci at this time. When the site is redevelo ed, revenues to the Ci ma increase. r~nanc~ai ~nrormaiion: ~~ ~.ierK•s c~nice ~e isiatlve Trackin Richard Lorber or Mercy Lamazares Si n-Offs: apartment actor ssistant Ci anager City Manager er_ nine~~n~ ~ i..~., , war-----.~+ - - +....,...y .,w~~~amu~iooiaioo~D /aou[~bf10f6ffOSpliBlr'LUMSt llln SUn1.dOC m MIAMIBEACH AGENDA ITE CAM DATE ~'1 -~v m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 14, 2010 suB~ECT: South Shore Hospital -amending a Future Land Use Map and Zoning Maps -Setting of First and only Reading Public Hearings. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT PF-RHO, ~ "PUBLIC FACILITY (RELIGIOUS, HOSPITAL, OTHER)," TO THE FUTURE LAND USE CATEGORY OF CD-2, "COMMERCIAL, MEDIUM INTENSITY;" WITH A RESTRICTION LIMITING THE PROPERTY TO COMMERCIAL USES AND NO MORE THAN 10 RESIDENTIAL UNITS PER ACRE AS PROVIDED FOR IN THE VOLUNTARY COVENANT ATTACHED HERETO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE FOR THE PARCEL KNOWN AS THE "SOUTH SHORE HOSPITAL," MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION BELOW, FROM THE CURRENT ZONING CLASSIFICATION HD, "HOSPITAL DISTRICT," TO THE PROPOSED ZONING CLASSIFICATION CD-2, "COMMERCIAL, MEDIUM INTENSITY," WITH A RESTRICTION LIMITING THE PROPERTY TO NO MORE THAN 10 RESIDENTIAL UNITS PER ACRE AS PROVIDED FOR IN THE VOLUNTARY COVENANT. ADMINISTRATION RECOMMENDATION The Administration recommends that the ~ City Commission set first reading public hearings for each of the above for the September 15, 2010 meeting. City Commission Memorandum #1887 -FLUM and Zoning change for the South Shore Hospital site July 14, 2010 Page 2 BACKGROUND The applicant, South Beach Heights I, LLC (SBH), is requesting to amend the Future Land Use Map (FLUM) of the Comprehensive Plan of the City of Miami Beach, Florida, by changing the Future Land Use Category for the Parcel known as the "South Shore Hospital," more particularly described below from the current PF-RHO, "Public Facilities Religious, Hospital, Other," to the proposed Future Land Use Category CD-2, "Commercial, Medium Intensity," restricting the residential use to no more than 10 units per acre, agreed upon by a voluntary covenant running with the land and to be recorded in public records. SBH is also requesting to amend the Official Zoning District Map of the Code of the City of Miami Beach, Florida, by changing the Zoning District Classification from the current HD, "Hospital District," to the proposed Zoning Classification CD-2, "Commercial, Medium Intensity," with the same residential use restriction the to no more than 10 units per acre. Although these two separate requests can be heard together at a public hearing, it is necessary to have separate motions for each request. ZONING /SITE DATA Legal Description: FLEETWOOD SUB PB 28-34 LOTS 1 THRU 4 LESS ST & LOTS 5 THRU 7 & LOTS 27 THRU 32 BLK 2 & PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC. LOT SIZE 101200 SQ FT Site Area: 105,198 sq. ft. (2.415 acres) Existing Zoning Designation: HD, Hospital District Proposed Zoning Designation: CD-2 Commercial, Medium Intensity zoning district Existing FLUM Category: PF-RHO, Public Facility (Religious, Hospital, Other) Proposed FLUM Category: CD-2 Commercial, Medium Intensity Existing Land Uses: The property currently contains a 10-story office building, a 3 story hospital building, a parking. garage structure, and surface parking lot. The hospital and office uses are not currently operating. ANALYSIS History of the Site The subject site is the former South Shore Hospital, which was a functioning hospital since 1967. However, in the past several years, the viability of the hospital declined, and the State of Florida accreditation has been suspended. The 10-story office tower adjacent to the hospital building functioned as medical facilities and offices, but was heavily damaged by a hurricane several years ago and remains in need of physical repair. Several attempts have been made to revive the hospital use, and also to place a nursing home facility in the office tower, but to date, none of these proposals have progressed further. The Applicant's Proposal The site's current designation as a PF-RHO Public Facilities (Religious, Hospital, Other) on the FLUM of the Comprehensive Plan, and HD Hospital District in the Zoning Map, City Commission Memorandum #1887 - FLUM and Zoning change for the South Shore Hospital site July 14, 2010 Page 3 prevents the commercial, retail or office as main uses on the property. Although there is no development project for the site at this time, SBH wishes to redevelop the site primarily for commercial use, which necessitates the change of the site's future land use designation from PF-RHO Public Facilities (Religious, Hospital, Other), and the Zoning Map district to CD-2 Commercial Medium Intensity. Planning and Zoning Issues The PF-RHO Future Land Use category is consistent with that HD Hospital District zoning. The use of the site as commercial, retail, or general office, without the presence of a functioning hospital, would not be permitted by the zoning regulations, thus it also requires a change of zoning designation, as well as the Future Land Use Map designation, to some other land use category and zoning designation that would allow the desired uses as permitted uses. The PF-RHO Public Facilities (Religious, Hospital, Other) category does not allow residential uses. However, while the requested new CD-2 category is primarily a commercial category, the Comprehensive Plan permits other uses such as residential uses. In fact, the allowable residential density for property within the CD-2 district is a maximum of 100 dwelling units per acre. The current request does not propose a development plan for the property, but only a change of land use designation and zoning district. However, the applicant has voluntarily proffered a covenant to include a maximum of 10 units per acre in any proposed development. This limitation ensures that the required change does not trigger alarge-scale amendment to the City's Comprehensive Plan. Site Issues The existing PF-RHO land use designation carries with it a maximum allowable Floor Area Ratio (FAR) of 3.0, which is among the most intense land use categories within the City. The proposed CD-2 land use category, consistent with the CD-2 zoning district, allows, only half this amount of floor area per square foot of land area, with a maximum base FAR of 1.5 and 2.0 for residential or mixed use if residential uses are incorporated in any future project. From a growth management standpoint, the reduction in allowable gross floor area that would result from the proposed land use category and zoning change is desirable, as it would ensure that no unwanted overdevelopment of the site occurs, and that the existing buildings would be retained and rehabilitated in an aesthetically acceptable manner. The size, scale and bulk of the existing buildings on the site are generally compatible with the surrounding neighborhood, and the retention and reuse of the buildings may be preferable to other options involving demolition and new development. Note also that from the standpoint of traffic congestion, trip generation, and parking availability, the change of use from Hospital and accessory hospital uses to retail, office and storage actually results in a lesser intensity of use. The trip generation rate and parking requirement for hospital is among the highest of all uses, while office, retail and residential uses are less intense as long as a large restaurant or an entertainment establishment is not one of the commercial uses proposed. The total trip generation for the site could be expected to be reduced by at least one-half, which is beneficial for the long-term planning of the Alton Road/West Avenue corridor. City Commission Memorandum #1887 - FLUM and Zoning change for the South Shore Hospital site July 14, 2010 Page 4 City Charter Issues The request for changing the Zoning Map of the City, as well as the Future Land Use Map of the City's Comprehensive Plan is affected by two City Charter provisions: Sections 1.03 (c) and 8.09. Charter section 1.03(c) partially states: "The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shalt first be approved by a vote of the electors of the City of Miami Beach." Charter Section 8.09 states: "When a hospital district is rezoned, such property shall be rezoned to a district or combination of districts with a floor area ratio no greater than the zoning of abutting land (sharing a lot line)..." The HD Hospital District shares property lines with two different zoning districts: RM-2, Residential Multifamily medium intensity district is north of the site facing West Avenue. The RM-2 regulations allow fora 2.0 FAR and therefore, the rezoning to CD-2 Commercial medium intensity, at a 2.0 FAR, which would include at least 25% of the floor area in residential uses would be permitted, otherwise only 1.5 FAR, which is the base FAR for the CD-2 would be permitted without a referendum. Similarly, the HD Hospital District shares a lot line with a property in the CD-2 Commercial Medium Intensity on the north side of the South Shore Hospital site facing Alton Road, and therefore, the request is consistent with both Charter provisions. Comprehensive Plan Issues The total land area involved in this application is 2.415 acres. Under Chapter 163 of the Florida Statutes, land use map amendments that are less than 10 acres in size may be considered "small-scale" amendments, and receive expedited review and a less stringent State approval process. However, this provision does not apply in cases where a level of residential density above 10 dwelling units per acre is being permitted. In this regard SBH is proposing a covenant running with the land and recorded in public records limiting any future proposal for residential use to 10 units per acre. This limitation ensures that the required change does not trigger alarge-scale amendment to the City's Comprehensive Plan. It should be noted that from the standpoint of traffic congestion, trip generation, and parking availability, the change of use from PF-RHO and accessory hospital uses to commercial/retail, office and residential uses actually results in a much lower intensity of use. The trip generation rate and parking requirement for hospital is among the highest of all uses, while office, retail and residential uses are less intense as tong as a large restaurant or an entertainment establishment is not one of the commercial uses proposed. The total trip generation for the site could be expected to be reduced by at least one-half, which is beneficial for the long-term planning of the Alton Road/West Avenue corridor. Interlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws- which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination City Commission Memorandum #1887 - FLUM and Zoning change for the South Shore Hospital site July 14, 2010 Page 5 element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. In compliance with this requirement, the application by SBH was submitted to the Miami-Dade County Public Schools for its review and concurrency determination. A Preliminary concurrency Analysis determined that the requested land use change would generate 2 students -one elementary and one senior high and that the elementary school serving the area has no capacity available to service the application. However, a final determination of Public School concurrency and capacity reservation will only be made at the time of approval of a final project. Summary SBH is only proposing to change the land use category on.the Future Land Use Map and to change the zoning district designation of the former South Shore Hospital site in order to use the site for commercial, retail, office and limited residential uses. A covenant restricting residential uses on the site is also required, in order for the land use map amendment to be considered asmall-scale amendment by the DCA. It should also be noted that future projects that are 50,000 square feet or more shall be subject to Section 142-303 of the City Code -Conditional Use review and approval by the Planning Board - as well as review and approval by the Design Review Board. At that time, more in depth traffic and noise studies will be required to determine how the project(s) will impact the area. These amendments must be processed together, as they are interrelated to one another. The zoning change contemplated by these applications would enable the adaptive reuse of the site. PLANNING BOARD ACTION At the June 22, 2010 meeting the Planning Board recommended that the City Commission approve the proposed change to the Future Land Use Map of the City's Comprehensive Plan and Zoning Map by a vote of 6-0 (one member absent) on two separate motions. CONCLUSION The Administration recommends that the City Commission set the first and only reading public hearings. for both the Future Land Use and the Zoning Maps for the September 15, 2010 meeting. Pursuant to Florida Statutes, asmall scale development amendment involving a use of 10 acres or fewer and has a density of 10 units or less per acre may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. Small scale development amendments require only one public hearing before the governing board, which shall be an adoption hearing. The procedure for transmittal of a complete proposed plan amendment shall be by affirmative vote of not less than a majority of the members of the governing body present which shall constitute a quorum. In the case of a small scale amendment, notification by mail each to real property owner whose address is known by reference to the latest ad valorem tax records will be City Commission Memorandum #1887 -FLUM and Zoning change -for the South Shore Hospital site July 14, 2010 Page 6 required, as well as to the owners of record of land lying within 375 feet of the land, which is to be changed. Such notice shall be given at least 30 days prior to the date set for the public hearing. The same procedure applies to change the Zoning Map; however both notifications can be prepared in the same notice. The notice shall also be published in a standard size or a tabloid size newspaper; the required advertisements shall be no less than 2 columns wide by 10 inches long and the headline in the advertisement shall be in a type no smaller than 18 point and shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unity proposes to adopt the following ordinance: title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meetinq_place). The advertisement shall contain both ordinance titles and a geographic location map which clearly indicates the area covered by the proposed ordinance. ''~~ZZ L JMG/JGG/RGUM~.~ T:WGENDA\2010Uu1y 14\Consent\1887&1888-FLUM & Zoning South Shore Hospital set public hearing.docx t This instrument prepared by, and after recording return to: Name: Andrew W.-Frey, Esq. Address: Akerman Senterfitt 1 SE 3 Ave, 254° Floor Miami, FL 33131 (Space reserved for Clerk of Court) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ( "Declaration"), made this day of 2010, by South Beach Heights I LLC ("Owner"), in favor of the City of .Miami Beach, Florida, a municipality of the State of Florida ("City"). W I T N E S SET A WHEREAS., the Owner holds fee-simple title to certain property in the City of Miami Beach, Florida, located at 630 Alton Road, Miami Beach, Florida, legally described in Exhibit "A" attached. hereto and made a part hereof ("Property"); and WHEREAS, Owner seeks land use and zoning changes for the Property from the City Planning Board and Commission; and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be used in accordance with the requirements of State law and City code,. and the representations {M2932695;1]1 `~~ and commitments made to the City Planning Board and Commission; and WHEREAS, the Owner proposes to proceed with a small-scale land use plan amendment as permitted under section 163.3187, Florida Statutes; and WHEREAS, in order to proceed with a small-scale land use plan amendment the Property cannot include greater than ten (10) units per acre residential uses; and WHEREAS, the Owner enters into this Declaration to provide assurances to the City that the Property will be developed with no~ greater than ten (10) units per acre residential uses, for as j~- long as its development is based upon the small-scale land use plan amendment. NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. The recitals and findings set forth in the preambles of this Declaration are hereby. adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Owner, its successors and assigns, shall not develop the, Property with any project or building that has a residential {M2932695;112 density of greater than ten (10) units per acre, nor redevelop any existing building on the Property to such extent that the Property has a residential density of greater than ten (10) units per acre. 3. This voluntary Declaration shall remain in full force and effect and shall be binding upon the Owner of the Property, and 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. 4. The City Manager or his or her designee shall release this Declaration if the Property-is subject of a final, non- appealable large-scale land use plan amendment adopted by the Miami Beach City Commission that permits on the Property an overall residential density of greater than ten (10) .units per acre,. and shall execute a written instrument in recordable form effectuating and acknowledging such release, with an attachment to such release being a copy of the City ordinance adopting such plan amendment, which release shall be recorded in the public records of Miami-Dade County. Otherwise, this Declaration 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 {M2932695;1)3 l: or release ,providing that same has been approved by the City of Miami Beach City Commission, or such other City board with jurisdiction over the matter, at a public hearing, which public hearing shall be applied for by and at the expense of the Owner(s), to the extent allowed by applicable law. 5. Invalidation of any provision of this Declaration by judgment of Court shall not affect any of the .other provisions of this Declaration, which shall remain in full force and effect. 6. This Declaration shall be recorded in the Public Records of Miami-Dade County, Florida, at the cost of the Owners, when the small-scale amendment becomes final and nonappealable, but in any event prior to the filing of an application for building permit or any design review approval under the small-scale amendment. 7. It is understood and agreed that any official of the City of Miami Beach has the right at any time during normal business 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, zoning and land development regulations are being complied with. 8. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Declaration or provisions of the {M2932695;1)9 building, zoning or land development regulations, either to restrain violations or to recover damages. The prevailing party in the action shall be entitled to recover costs and reasonable attorneys' fees, at all levels of trial and appeal. This enforcement provision shall be in addition to any other remedies available under the law. IN WITNESS WHEREOF, the undersigned have set their hand and seal this day of 2010. Witnesses: AP ROVED `~ Planning, Director APPROVED AS TO FORM & LANGUAGE & FO EXECUTI N y orney South Beach Heights I LLC By: Print Name: Title: ~~~~2~~0 Date ~9 ~d' aoro ate {N,2932695; 1} 5 v~ STATE OF FLORIDA ~ ) SS: COUNTY OF MIAMI-DARE ) The foregoing instrument was acknowledged before me this day of -, , , by , of South Beach Heights I LLC. He(she) personally appeared before me, is personally known to me or produced as identification, and did take an oath. [NOTARIAL SEAL] Notary Print Name: Notary Public, State of My commission expires: \\pdc-fsv01\mia-doc\RFJ1L\53168\221997\M2932645.DDC {M2932695;1)6 CONSENT OF MORTGAGE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deed dated and recorded in Official Records Book , at Page of the Public Records of Dade County, Florida, as amended, encumbering the real property to be subjected to the foregoing Declaration of Restrictive Covenants made by in favor of the City of Miami Beach, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said Mortgage Deed shall. be subject .and. subordinate to the terms of said Declaration of Restrictive Covenants. IN WITNESS WHEREOF, the undersigned has set-his hand and seal this day of , Name: Name: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADS ) The day of personall produced _ oath. foregoing y appeared was acknowledged before me this He and is personally known to me or as identification and did .take an instrument 2001 by _ before me Notary [NOTARIAL SEAL) Print Name: Notary Public, State of My commission expires: \\pdc-fsv01\mia-doc\REAL\53168\221997\M2932695.DOC {M2932695;1)7