2010-27437 Reso1-,
RESOLUTION NO 2010-27437
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.
WHEREAS, the applicant, South Beach Heights I, LLC, has made an application to the
City of Miami Beach to change the zoning classification of the parcel referred to herein as
"South Shore Hospital," located at 630 Alton Road (sometimes referred to as 600 Alton Road),
from HD, Hospital District, to 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 zoning 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; -
WHEREAS, the City of Miami Beach has determined that the rezoning 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 reading public hearing
shall be held on September 15, 2010 to consider adopting the proposed amendment and to
make the appropriate changes to the zoning 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 commercial uses as permitted in the
City Code, and a restriction limiting the property to no more than 10 residential units per acre as
provided for in the voluntary covenant attached hereto.
1 of 2
a oi0 -a~ y37 Z
PASSED AND ADOPTED this ~ day of k~ , 2010
A ST: MAYO
CI Y CLERK
APPROVED AS TO
ORM & LANGUAGE
& FOR EXECUTION
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F:\PLAN\$PLBWraft ordinances\1962 -water supply plan\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
Ke Intended Outcome Su orted:
Regulatory and Neighborhood satisfaction
Supporting Data (Surveys, Environmental Scan, etc Regulatory -required by Florida Statutes
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 /Recommendation:
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.
Aav~so ~soara Kecommendation:
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 .
r~nanc~a~ ~nrvrmanon:
City Clerk s Office Legislatroe Tracking:
Richard Lorber or Mercy Lamazares ~
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.
Sign-Offs•
apartment: actor ssistant Ci anager City Manager
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AGENDA !TE CAM
DATE 7r1 -iv
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
ro: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 14, 2010
Su61ECT: 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 - PLUM 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 (PLUM) 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 PLUM Category: PF-RHO, Public Facility (Religious, Hospital, Other)
Proposed PLUM 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 PLUM 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 shall 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. !n 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 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 RoadNVest
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
Commission approve the proposed change to th
Comprehensive Plan and Zoning Map by a vote
separate motions.
Board recommended that the City
e Future Land Use Map of the City's
of 6-0 (one member absent) on two
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, a small 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 unit,~proposes to adopt the following ordinance: title of
the ordinance). A public hearing on the ordinance will be held on (date and time) at
(meeting place).
The advertisement shall contain .both ordinance titles and a geographic location map
which clearly indicates the area covered by the proposed ordinance.
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JMG/JGG/R~UMIL~
T:WGENDA\2010Uu1y 14\Consent\18871888-FLUM &Zoning South Shore Hospital set public hearing.docx
i.
This instrument prepared by, and after recording
return to:
Name: Andrew W. Frey, Esq.
Address: Rkerman Senterfitt
1 SE 3 Ave, 25°" 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 SETH :
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
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;1)2
(s~
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
1:
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
{M2932645;1)Q
~- i
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: South Beach Heights I LLC
By:
Print Name:
Title:
AP ROVED. ~ ~ .
Planning.-Director Date
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTI N
y ~ orney ate
(N,2932695; 1} 5
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]
\\pdc-fsv01\mia-doc\RFJ1I.\53168\221997\M2932695.DOC
Notary
Print Name:
Notary Public, State of
My commission expires:
{M2932695;1) ~
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
COUNTY OF MIAMI-DADE
.The foregoing
day of ,
personally appeared
produced
oath.
SS:
instrument was acknowledged before me this
2001 by He
before me and is personally known to me or
as identification and did take an
Notary
[NOTARIAL SEAL] Print Name:
Notary Public, State of
My commission expires.:
\\pdc-fsv01\mia-doc\REAL\53168\221997\M2932695.DOC
{M2932695;1)7