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96-22148 RESO RESOLUTION NO. 96-22148 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) of 13,984 SQUARE FEET FROM THE PROPERTY KNOWN AS SSDI NORTH TO 404 WASHINGTON AVENUE PURSUANT TO SECTION 6-29.D OF THE ZONING ORDINANCE. WHEREAS, on November 7, 1995, the Portofino Entities ("Portofino"), the City of Miami Beach, and the Redevelopment Agency entered into a Development Agreement ( "Deve 1 opmen t Agreement") which provided for the transfer of floor area from Portofino's SSDI North site to its 404 Washington Avenue site to allow the latter parcel to comply with all applicable City Floor Area Ratio (FAR) requirements and so that a final certificate of occupancy may be issued for that parcel; and WHEREAS, pursuant to Section 6-29.D of the Zoning Ordinance, the above-referenced transfer of development rights requires approval by the City Commission at a publicly noticed hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission finds that the proposed transfer is consistent with the intent of the regulations set out in Section 6 - 2 9. A, that the proposed transfer is consistent with the terms and provisions of the Development Agreement and that the applicant has confirmed that it will satisfy the City's off-street parking requirements for the property in a manner consistent with the Development Agreement; therefore the transfer of development rights of 13,984 square feet from the property known as SSDI North to 404 Washington Avenue pursuant to Section 6 -29. D of the Zoning Ordinance is hereby approved. September PASSED and ADOPTED this 25th ATTEST: ~~ lu-to- p~ CITY CLERK DJT\kw f; \atto\turn\resos\ssdiregs. res FORM APPROVED LEGAL DEPT. By O~-v~ Date .fl J-r/f? ~ - 2 06/15/98 17:Q~ FAX 5387027 4 Star ''-"' ............ ~001 JodiK 'Bo8;pag. 2/8 . ~ "'__.74- ~ 305 '57D 0717j D8/05/Q7.18l48j ., 97R253939 1997 JUH 09 08:~3 Thll hastruDllllt was p"par~ by: Name: JUlti:a J. ~ayle Address: ln1 BrltJkell AVfII1Iue Millllli, ~Dricla 33131 (Space resel'Ved Cor Clerk) IlJCLARAnON OF RFSTR.IC110NS wBERE-C\S, ~ Sqncmbcr 25, 1996, the City of Miami Beach City Commission approved Rcsalu;tioJa Nq. 96.22148 (tho "Resolution'j, a copy of which is attAched hereto and iDcoqxxated herein lIB B?Wibit "~.~ :md WHEREAS, th. Resolution approved the trIDSfer of development rights (unused floor area), iIi the aiDount of l3.914 square feet (1hc "'Transfezred Floor AJea'1. from the SSDI North site (the '''Tm1sfer ~") to the 404 Washington Avenue site (the ''Receiving Property"); and WHEREAS. tbt3 Tramfa' Property is located at 302-49& Altcn Road, Miami Bgch, Florida. and is more ~cularly described in Exln"bit 'OB" attaGhcd hereto and. incorporated hereiD. and the Rec~viIf.g Property is lo=cd at 404 Washiqton Avenue, Miami Beach, Florida, md is maR puliculm1r ~ibcd. in Exhibit "e" attached heteto and inCOl'pClt"~ted herein. (the Thmsfcr PrOperty and the Recei9ing' Property are coUectively referred to as the "Propertiesn)~ . arKf WHEREAS, &\ the time of approval of the aforementioned Resolution, 1he Transfer Property was awned by the City of Miami Beach Redevelopment Agenr,y (the "7ransfer Property Qwna''), andl the ReceiVing Property W'~ owned by 404 Invesum:nts. Ltd., a Florida. limited pannership (~ "Ra:civiug Pmpc:ny O~et'). (\.he Tnmsfer PIOpetty Owner and the ~. , . ~S". -..' f9..:r......;. o. " ' '; a~ J.ee-&l De"t. Usa Quhz tR ~ ~...~: ,':,', FD...... ~pproved. B'-'. 'cr, ;S"'~:.;'r;j. ) iJ .... ~.- .,..9"!.":...t!;I.- !4 ..~J~~ .t..~.,,, . -~,e,~l e'"" ~C,,::I.:s.?,#"':t' ..,....".J;~ ~....: ~~..~-:.lltl" Ml'oNllSATflI:llailII~ " , ..... .; J. , i _.06/15/98 17: 08 FAX 5387027 Sent by~ GREENBERG TRAURIG 4 Star 305 570 0717; I4J 002 OB/05/~7 ..18:.te; .h1I& 'S08;pago 3/8 '...../ ....../ 1 -' .. R=eiving PJ:operty 0wD$" are co1lectively rersmrl to as the IUwncrs'"); and WBBREAS" tbfl Trmsfer Property is still presently owned by ~ Transfer Property Owner. City of Miami. Beach RedevelopJU8D[ Agency. sad. the Receiving Property is sull presently O\\'!1ed by t11eI Receiving Plopeny Owner. 404 rllveslments, Ltd.. a FlQrida !imite:d partnelSbip; and WBEREAS. Sc4%ion 6-29(C)(4) of the City of Miami Beach Comprehensivo Zoning OrdiDaDcc (Ordimm.cc Njo. S,.2665) requites that an inevocable covenant rurminS with the land be recordal in the Publiq Records of Dade County, a.gaim;t the Properties. NOW TlIEREFIpIE. in coasidsmtion of the f'cnsoing, ihe Receiving Property Owner and 1h: TIUIIfet Property ~ here'by freely, '\"oluntsrily md without duress eovenant and agree to the fbUowmg: 1. ,-ruder of neYel~~t Ripts. In acc;ordancc "With City of Miami Beach Resolution No. 96-2.2148, the Receilring Property received. by transfer of development rights, unused floor area in the am01D1t or l3.984 8quare feet nom. tho Tnnsfcr Property. 2. PukiD2. As af tbfa date of Rcsolmion No. 96-22148. the total fttluiIed parking for the Receiving Property l(inclusive of the Trausfimed Floor Area) wu two hundred one (201) Ipac;as. of which ~ Imadzed fifty-6ix (156) spaces were provided on sile. and of which forty- five (45) BP8'ea waf smsficd tbrougb.1b&: pm;king impa::t fee propm allowed pumwmt tD ~ Mimli Beech ~e Zoning Otd;n!l1'l"J'! 3_ M~oll. It is ~by uncbstood and agteed that any official inspector DC the City of Miami Beach, the iPlanaing and. ZozUug Director (OT hislhar succcaor), or hisJher other qmts duly au.th~ has the privilcp at any time duriDJ narinal working hours of entcrina . ,",:-,.. . .- :" '- .. ;:} ~.:....... f.~ /; -:: :,.~ .:"Z8~~ ;;~~. ,j:F::'~~~ .),~0,\- ,:..; ~ ... po .'".;'1 ~. l' .,"~~:: '!~ .- ~.f 2 ~ :.... "'"~". ":':~~I :-,~".2/ J(',..:...,..:.....,,,.. ./a-.~/ ..~:.::-,:~.~~:~: :<~.' ~,.....;j!" ... " 06/15/9~.~9 FAX 5387027 Sent' by: GR~ENSERG TRAURIG 305 579 0717; 08J05/;7 ).B~49j ~003 Jodi< 1I0B;..g. <IB ~ 4 Star 1.1 '--: -.-/ . snd jn"e;tigating ~ de aDd ether :mning. requirernenrs 0: the Properties solely for the purpose of deteJminit1g whether the QDDditions or this Declaration ale being complied with. 4- Application ofDeclrrati8D. These restrictions during lheir lifetime shall be for the betl.aut of. and limitation IJ.P.OD, all preseI1t and fUture owners of each of 1he Properties individually and for 1tu; plblic "ifelfare. Thi& Declaration on the put of the Ownera sbal1 constitute a covenant rnnning wJth the IIDd, shall be recorded in tbe public recon:1S of Dade Countyt Florlda. an4 shall ~ i2l fUll Coree end effect and be bindjng upon the undercigned. their heirs. succesSOIS ~ 5l4.cnlV'll. s. Term of Ikclarador. 'Ibis dcc1arBtion on the part afthc Owncn sballlUn with the latld and shall be bil'lding upqn the 11Ddersigned.. heir.i. successors and as.<i gns for an initial period of tbirty (30) years :liofJ11:hc date this Declaration is rc:corded in the Public RCGords of Dade County. Florida. an4 shall be extended automatically for succe.ssive periods often {lO} years ead1, 1hereaflm'. un1~SI the provisions of Paragraph 6 beloVl b.aYc bc:n complied with. 6. Dissolution. Thi& ~n shall only be dis.;eolved p1U"t:umt to the applicable provisions of Section 6-29(C)(4) an4 Section 6..29(0) of the Miami Beach Comprehensive .Zoning Ordinance. 7. Enfol"cl'!m4l!Dt. Enf~P-I\t by pCI10DS with standing to enforce this agteement shall be by action apiD5t any P.UtifJ3 or pcrsgm v1olmn& or attempting to 'Yialate an)' covenants- The prevailing party in .y acliQ:Do or suit pertainin& to or arising out oftbis Declaration.. shall be c:nti11cd to recover, Pt adclition to costs and disbursements allowed by law, such sum as the Court may atij~Q to be reasoaable for the services of an auomey, This enforcement provision shall be ill addition to any other remedie~ available at Law or in equitY,. or.~~: ...<.-, :. i')',&~~ . "~y'j .....-~...;:i;:~, ~' ...' :.::;~~ ....)"t..:. ::' ~ .. r! ill' G · ~~.. S\ tlj~A') ",~,yltl ~~~. 3 '. , '-.-' '-"" . ~004 JOcIix '0";.090 5/8 'lI!I O~(15/98 1~~9 FAX 5~~7027 Sent by: GREENBERG TAAURIG 4 Star 305 579 0717; OS/05/97..:l.8:49j -" . 8. ~en.bU1l'Y. Invalidation or any one of lhese covenants by jw1gmem of Com in no way shall affect any of~ other provisions which shan remain in full fores and effect. 9. Recordiftl. This D~1arati.an shall be filed of record in the public records of Dade CountY. Florida al the coat of'J;hc Owners. Sipld, witDeS~ed. exeeu~ aDd acknowledged this k day of JV/u"" ----" 199 1- Witnesses; . ~~4d"" . ~ .. /" 1l ....'"\ n I. PrintName: l#tt()/lc. r?;;/lc. /1'/..-> 6'r~Cr.. \f~ 6?~. PriDtName: ~#, I2h~. ~ 6/51j1 Dale APPROVED ~ 10 FORM & LANGUAGE & fOR exECUTION 4 " " The foregoing ins1xument: w8s acknowledged before me this ~ day of _ ~ -;;;t= · l!l!1L by ~ 6.6,v<- ~. .. /?2~'..lj ~ LA ~ ~f the: Miami Bcacb. Rcclcvelopmant Agency, who executed th~ foregoing dDc1m1mt aD. behalf of said Agency. He/she pmsonally appeanxl before me. is personally k:ncwn to mc;..ot'p........tm.e(J . 1II1l ilfl".!'\fifica1ion. N~~~- Print Name: ' ,/Q , Notary Public. State of My commission cxpin:s~ The foregciDg instrummt. was admawlc:clpd. befi:m: me this 5 day of . -:u tU- ---'" 199~ by ~~ I) V P I as general partner of 404 Invc:sbnCQts. Ltd., a Florida limited. plll'tar:lrship. who CXCCdted the foregoing document on behalf of sBid limited partncmSbip. He personaJiy appCllRlCl before me. is personally known to me or pItJduc;cd ~jnenrifi~"on~. ~' , No: .,r1 C-- [NOTARIAL SEAL] Print N . Ju II e ~ n ne-. Notary lie., State af FI()(ldc- :~ My cmtImiuian c:xpircs; r.r j- { 't ,o,c, 7.;; ., STATE OF FLORIDA COUNlY OF OADE~~~ { ,:' S I HER 9Y CfRT1I'Y fill.; 'hI. i. a ... p. of fr.. 'Io..'~'''' il """.c , "" orig; I 'lei j'l 'his o!fi... on 01 '. (~(" . ..:' .. -r~~... .. ...: J ,',; _ 0 lit ~. i'., :~:~~:.~,~~ "~ ':':.. ":',<?' W,N '''r h ,,:J ,- '" Of''''' S...>t. '~I::::-.i~' .' ',', , '.;.'" '.' '. '- .'~"'.'~'!<' ~': d.. I iL~ I .' 'Pp~~~-~~,,~-., 06/15/98 17:~0 FAX 5387027 4 Star ,.' \--' STATE OF FLORIDA ) ) ) COUNTY OF DADE [NOTARIAL SBAL.] ':':"~' Ruth AlIbI ffJD'.;: MY COMMISSION' CCIl2a73I!ltPIRES ~~ . : ADrU5. mn : '''(ii'f,~ lICltlIlEll'IHAUTNJI'.."INSURANCf. IlK;, ese, L/lI~~~M : Prinl Name: ,i.1 U<<... ~n k. 1&1. f STATE OF FLORIDA COUNIY OF DADE o.,.p.ftV P,,+ OPPICIAL IiJOT~A" &UL ~ . ti .IULrE SANTANA :. . " .. CONM.SIOtt NUllREA y "~ CC322003 ~ 0 o~ art COMMISSIDN bP F F\.: OCT. 71197 . , ,-./ @005 1 ss: ~~~~.lim~ By: ___ 'CC;; Print Named--\E I N(2I(tU~):\I ~ ~~ IN~~~rC~~/N() 'ltS ~nt'{ 0./ (X1h1e~ ) ) ) 55: 06/15/98 17:10 FAX 5387027 ""'--, " 4 Star "--" CONSEn BY KOR'tGAGBB 141 006 1 united National Bank, a national banking association (the "Mortgagee"), as the Mortgagee under that certain mortgage (the "Hortqaqe") from 404 Investments, Ltd., a Florida limited partnership (the "Mortgagor"), dated the 1st day of July, 1994 as amended and modified from time to time, and recorded in Official Records Book 16432, Page 1451 of the Public Records of Dade county, Florida, securing debt in the original amount of $9,250,000.00 covering the Receiving Property described in the foregoing Declaration of Restrictions executed by Mortqagor, does hereby consent to the execution of this Declaration of Restrictions by Mortgaqor, and agrees that the lien of the Mortgaqe on the Receiving Property is subordinate to the Declaration of Restrictions and shall be binding upon the entity obtaining title to the Receiving Property. . 5 /4..... IN WITNESS WHEREOF, these presents have been executed th~s _ day of June, 1997. ~ S1 na~ ~ cr.(.T' :r: 5cJc.H EUl... Print Name ~ t2 MIh signature II) f/11,h5 (? .. ~)/;)~ Print Name STATE OF FLOlUDA COUNTY OP DADE UNITED NATIONAL BANK, a national bankinq association The foregoing instrument was acknowledged before me this .Jth day of June, 1997 by James M. Dockerty, as Senior vice-president of UNITED NATIONAL BANK, a national banking association, on behalf of that association. He is personally known to me and did not take an oath. My Commission Expires: %1'~c\~\404\C8H.OOl . , ~ e tu}~ Notary Public, state of Florida :f7NoW1IHoWHNNlIIINIINJWlINIII.w"WNN.1 ;' ~~..,~.. ThcJmq c. Cobb ( "~ Nac.yNlIic,Slaleoffbida i( , \Wl.J CommisIl_No.CC441"06 , "...0 MyCAlmmi.tsioIl EIpirr:I 0312.7/99 , '....3.fo/Of.u.Y. PIa. Nc.Iy lfaooiaa.1lcatiq 0.. ( ~"""''''''''''''~ 06/15/98 17:10 FAX 5387027 4 S1:ar IaJ 007 1 . -, EXHIBIT "A" '''"'"-'' '-" RESOr.itJT:ION NO. .. 96-22148 A RESOLtJTION OF THE KAYOlt AND e%TY COMKJ:SSI:ON OF '1"BE CITY 01' H%AJa BEACH, FLORlDA, APPROvmG TIm 'ntANSP'E.R 01' DEVELOPHll:NT RI:GB.'l'S (TDR) of 13,984 SQ1J'AlU!: FEET !'ROK '1'BE PROPDTY DOWN AS SSDZ NORm TO 404 WASEDlGTON AVEmm PURSUANT TO SECTI:ON" 6-29.D OF THE ZON:ING ORDXNAHCE. imEREAS, on November 7 I 1995, the Porto fino Entities (.portofino") I the City of Miami Beach, and the Redevelopment Agency entered into a Development Agreement (WDevelopment Agreement It) which provided for the transfer of floor area from . Portofino's SSDI North site to. its 404 Washington Avenue site to . . allow the latter parcel to comply with all applicable City Floor Area Ratio (FAR) require~ents and so that a final certificate of . occupancy may be issued for that parcel; and WHEREAS, pursuant to Section G-29.D of the Zoning Ordinance, the above-referenced transfer of development rights requires approval. by the City Commission at a publicly noti~ed hear~g. HOW, TlIEREP'ORE, BE 1:'1' DULY RESOLVED BY THE !m.YOR AND CI:TY ~O'KMJ'SSI:01l1' OF TD CI:"l'Y OJ' HI:.A!a BEACH, FLORIDA,. that the City Commission finds that the proposed transfer is consistent with the intent of the regulations set out in Section 6-29.A, that the proposed transfer is consistent with the terms and provisions of it will satisfy the City's off-street parking'requirements for '" 06/15/98 17:11 FAX 5387027 4 Star 14J 008 1 . property in a manner ',,-, '-.-/ consistent with the Development: Agreement; ~ - ~erefore the transfer of development rights of ~3,9B4 square feet from the property known as SSDI North to 404 Washington Avenue pursuant to Section 6-29.D of the Zoning Ordinance is hereby apPrOved. PASSED and ADOP~ED this 25t:h Se cember , ~996. ATtEST: ~t ~6 p~ . " CJ:TY CI.ERK FORM APPROVED LEGAL DEPT. Byq~ Date f/ ~/~t. w:'\II;If t.~'~IIMInP.- 2 06/15/98 17:11 FAX 5387027 4 St:ar I4J 009 .' :. '-"" ----./ 1 -' .. EXHIBIT "8" Lots 30-42 inclusive, in Block 111, OCEAN BEACH ADDmON NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida, together with the accretions thereto; ALSO; Lots 43,44,45.46. 41, 48A, 49B, and SOC of DADE COUNrY PROPERTY, according to the Plat thereof, recorded in Plat Book 14. Page 70, of the Public Records of Dade County, Florida, together with the accretions thereto. " ~~--'", /.- ....-. "-. -"J...._~ .:.~~:' ,;.~ .",.. /":. ",:- :. ""-.~'';'';tI::."';, ~~.:...:.;.~~ ~ .~~~~~ 0' "~:t>__ .., ....~1 ..... \,. ,~.:: of ~,-~~1~ - ~ ",~ I.:"li' .......... .......~" I~ .:. , .. \ ...-\-,<-..:.".,!, ',,~ \\,.~ ~ ij;'-".. " .." \"=_' ~ :,.;;z. ..,: ;, . \" ~"'~'-"t",,':...' :"- \ '. ('oo".or ',;::'; ~':'>o..~~",-... '- ~~.;ff:.: ~~...::"...~.;' ~~.~.w..~ ... " 06/15/98 . 17:1t~__~387027 4 St:ar . 1: .'---'" '---~' ItlJ 010 1 ,. :: EXHIBIT "e" Lots 3, 4 and S, Block 49, OCEAN BEACH ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida. " .. " \ Sent ~y: GREENBERG TRAURIG 305 579 0717; 06/05/97 16:48; JeffSx #806;Page 2/6 This instrument was p~pared by: Name: Address: Justin J. Sayfie 1221 Bri~kell Av~nue Miami, FJorida 33131 (Space reserved for Clerk) DECI.ARATlON OF RESTRICTIONS W8EREAS, o~ September 25, 1996, the City of Miami Beach City Commission approved Resolution Nq. 96-22148 (the "Resolution''), a copy of which is attached hereto and incorporated herein as E~hibit "A"~ ;U1d WHEREAS. th'f Resolution approved the transfer of development rights (unused floor area). in the amount of l3,9&4 square feet (the "Transferred Floor Area"), from the SSDI North site (the '''Transfer Prop~rty") to the 404 Washington Avenue site (the "Receiving Property''); and WHEREAS. the Transfer Property is located at 302-498 Alton Road, Miami Beach. Florida. and is more p'articularly described in Exhibit '''B'' attal;hed hereto and incorporated herein, and the Receiv~g Property is lo(;ated at 404 Washir.gton Avenue, Miami Beach, Florida, and is marc particularly described in Exhibit "e" attached hereto and mcorp<lrated herein. (the Transfer Property and ~e Receiving Property are collectively referred to as the "Properties"); and WHEREAS, a~ the time of approval of the aforementioned Resolution, the Transfer Property was owned by the City of Miami Beach Redevelopment Agency (the "Transfer Property Owner''), and! the Receiving Property was owned by 404 Investments, Ltd., a Florida limited parmership (th~ "Rccci,'i11S Property Owner"), (the- Transfer Property Owner and the City J ,~Ql Dept. Use Onb!. Form Approved By: _ ML'J-lIIS^ YfllWR~.;o6LNv.1I11.00cCllO~m , Sent ~y: GREEN9ERG TRAU~IG 305 579 0717; 06/05/97 16:49; J~ #906;Page 3/6 Receiving Property OwnEjt are collectively referred to as the "Owners"); and WHEREAS. the: Transfer Property is still presently owned by the Transfer Property Owner, City of Miami, Beach Redevelopment Agency. and tll~ Receiving Propeny is still presently owned by thfll Receiving Propeny Owner, 404 fnvestments, Ltd., a Florida limited partnership; and WHEREAS, Se<;tion 6-29(C)(4) of the City of Miami Beach Comprehensive Zoning Ordinaoce (Ordinance No. 89.2665) requires that an irrevocable covenant running with the land be recorded in the Publi~ Records of Dade County, a.gainst the Properties, NOW THEREFI)RE, in consideration of the foregoing, the Receiving Property Owner and the: Transfer Property O-wner hereby freely, volutlt<lrily and without duress covenant and agree to the following: 1. Transfer of Deve)~,ment Riihts. 1n accordance with City of Mian'li Beach Resolution No. 96-2214&, the Receiiving Property received, by transfer of development rights, unused floor area in the amount of t3,984 square fect from the Transfer Property. 2. Parkin~. As of ~ date of Resolution No. 96-22148, the total required parking for the Receiving Property I(inclusive of the Transferred Floor Area) was two hundred one (201) spaces, of which on~ hundred tHty-six (156) spaces were provided on site, 3l\d of which forty- five (45) spaces wer~ satisfied through the parking impact fee program allowed pursuant to the Miami Beach Compfehensive Zoning Ordinance. 3. Inspection. It is ~ereby understood and agreed that any official inspector of the City of Miami Beach, the: iPlanning and Zoning Director (or his/her successor), or his/her other agents duly authori2led, has the privilege at any time during normal working hours of entering 2 , Sent by: GREEN8~RG TRAURIG 305 579 0717j 06/05/97 16:49j J~ #806jPage 4/6 and investigating th~ use and other zoning r~quiremel1ts 0: the Properties solely f(lr the purpose ofdetem1inipg whether the conditions of this Declaration arc being complied with. 4. Application of Declrrlltion. These restrictions during their lifetime shall be for the benofit of. and limitation upon, all present and future owners of each of the Properties individually I and for the public 'Yelfare. This Declaration on the part of the Owners shall constitute a covenant running w~th the land, shall be recorded in the public records of Dade Counly, Florida, and shall re~ain in full force and effect and be bin4ing upon the undersigned, their heirs. successors and! assigns. 5. Term of Declaratfop. This declaration on tIle part of the Owners shall run with the land and shall be binding upqn the undersigned. heirs. successors and assigns for an initial period of thirty (30) years fro~ the date tlus Dcclara.tion is re;:corded in the Public Records of Dade County, Florida, anq shall be extended automatically for successive periodS often (10) years each, thereafter, unless the provisions of Paragraph 6 below have been complied wilh. I 6. Dissolution. This Declaration shall only be di!>solved pursuant to the applicable provisions of Section 6-29(C)~4) and Section 6~29(D) of the Miami Beach Comprehensive Zoning Ordinance. 7. Enfort!ement. Enf~rcement by persons with slanding to enforce this agreement shall be by action against any p,artie.s or persons violating, or attempting to violate any covenantS. The prevailing party in ~y action. or suit pertaining to or arisi.ng out of this Declaration, shall be entitled to rccover, ~ addition to costs and disbursements allowed by law, such sum as the Court may acijudiCl to be reasonable for the services of an attorney. This enforcement provision shall be iT! addition to any other remedies availa.ble at law or in equity or both. 3 , Sent by: GREENBERG TRAURIG 305 579 0717; 06/05/97 18:49; JeHSx #808;Page 5/8 8. Severability. Inva1i~ation of anyone of these covenants by judgment of Coun in no way shall affect any ofth~ other provisions which shall remain in full force and effect. 9. Recordine. This DClclaration shall be filed of record in the public records of Dade County, Florida at the cost of~e Owners. Signed, witnessed, execu~ and acknowledged this k day of J{/~ . [991. Witnesses: ame~}C. Gt~).. ~~ , --: ~~> ,. ~ /. IJ "'. Print Name: ;f/t!()/~!::" t?$c'IIP5 &?~, Print Name: ~It., /dhl. APPROVED AS TO , FORM & lANGUAGE & FOR EXECUTION ~ pjJL: c (;13 1 Ci A mey Date 4 The foregoing instrument: was acknowledged before me this ~ day of -:/UN... . 199-2 by -rz;x haK/(; .~!f"'-, as /3r-I'A..I),'vt: --z;?,/c~~ of the Miami Beach Redevelopment Agency, who executed the foregoing document on behalf of said Agency- He/she personally appeared before me, is personally known to mc;.or p"'~llCed . NOlarJ~'??~ _ [NOTARIAL SEAL] Print Name: uk.. ' ' ,j.;, , Notary Public. State of My commission expires: The foregoing instrument, was acknowledged before me this S day of -U (l.L , 199 ~ by J-.tJrriht:brt:Jl J. V P I as general partner of 404 Investments, Ltd., a Florida limited partnership, who ex6cuted the foregoing document on behalf of said limited partnership. He personally appeared before me, is personally known to me or produced as identification. Not / l:J2~v Print Nam - ..Ju II e S:1 ,,-lel nc:.-- NotaryP lic,~tatcof F/O(ldo.... My conunission- expires: 0 -+ " 't I 9 ~ I ST ATE OF FLORIDA COUNTY OF DADE "'~':;.,~"~~ Ruth Rubi ~~rJS.;'::1 MY COMMISSION' CC624373 EXPIRES "~'~'~:= April 25. 2001 , ":.f.;<ff.::~'t-. BONDED THRU TROY FAIN INSURANCE, INC Print Name: ST ATE OF FLORIDA COUNTY OF DADE [NOTARIAL SEAL] :\p..RY Pf.t~ Of'FICIAL NOTARY SEAL ~O~, J(<"'(1 JULIE SANTANA 1C ' ""' ~.' ~ COUIil'SS'ON NLJe.8ER ~ ,~<( CC322003 71- ~ O~ MY COMMISSION EX? OF Fl OCT. 71997 . ) ) ) S5: :~~~ :;;ted ese.. Print Name:J1EIN(2ln-Ll\hJI\1A)vP c+ 11tJ-j IN\JSSTC(:)P.~ INC) .ws e:ne( ct I p{Lt1yie(' ) ) ) 55: 5 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 513-<1(0 TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 25, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: Request to Ap ve ransfer of Development Rights"(TDR) from the Property Known as SS North to 404 Washington Avenue Pursuant to Section 6-29,D of the Zoning Ordinance RECOMMENDATION The Administration recommends that the City Commission approve the transfer of development rights (TDR) totalling 13,984 square feet from the property known as SSDI North to 404 Washington Avenue. BACKGROUND Design Revie_w Board approval was initially granted for the project proposed to receive the transfer of development rights on April 8, 1993. The building had a total of seven floors -- ground level retail, three levels of parking and three levels of offices. The top story (7th level) was only a partial floor. The applicant applied for an amendment to the plans approved by the Design Review Board in mid- November 1993 (importantly, prior to the Planning Board taking action on the South Pointe Zoning Amendment on November 23, 1993, which imposed a height limit of 75 feet in the district in question). Said application showed an additional parking level, thereby creating a building with eight floors, and changes to details on the exterior facade. The Design Review Board approved the revision on January 11, 1994, subject to the glass block tower with the ziggurat tower on the comer of Washington and 5th Street be increased in height to architecturally accentuate this element and differentiate it from the balance of the building. A building permit was issued on February 9, 1994, reflective of the plans approved by the Design Review Board the month before. It should be noted, however, on the zoning approval, there was a series of conditions that the applicant was required to provide, including a survey, FAR calculations, 1 DATE RIA 9-;;)S-C}L. AGENDA ITEM gross floor area and design review bonuses to confirm whether or not the building met the code requirements regarding floor area. Indeed, Mr. Augustin J. Barrera, partner in the firm of Bermello, Ajamil & Partners, Inc. wrote a letter which was attached to the plans stating, in part, "We are aware that zoning approval at this time does not alleviate the owner from complying with any and all zoning ordinance requirements which mayor may not arise during the fmal zoning review process." This information was not provided before the applicants next action. On June 7, 1994, the applicant requested Design Review approval for revisions to the previously approved building, with the addition of increased office space square footage on the sixth (6th), seventh (7th) and eighth (8th) floors. While no Building Permit was issued for these revisions, , construction apparently proceeded to incorporate them. On November 8, 1994, the Building Department entered a complaint into the City's Land Management System for failure to build the structure according to the approved plans of February 9, 1994. At this time, the Planning, Design and Historic Preservation Division determined that the floor area calculations, as submitted by the architect, were incorrect. Several storage areas, stairwells, elevators and other vertical circulation and mechanical spaces had not been included in the floor area calculations. On December 1, 1994, the building permit was modified to include only the first seven floors of the building. The eight floor would not be included on this permit pending the resolution of the floor area discrepancy. On March 3, 1995, the Zoning Board of Adjustment denied the appeal of the Administrative Interpretation regarding those areas which are included in the floor area calculation. On November 7, 1995, the Portofino Entities, the City of Miami Beach and the Redevelopment Agency entered into a Development Agreement ("Development Agreement"). Pursuant to Section 4. 1 (iii)(a) of said agreement the transfer of as much floor area as is necessary shall be transferred from the SSDI North to the 404 Parcel to allow the building located on the 404 Parcel to fully comply with all applicable City Floor Area Ratio requirements, This transfer is necessary so that a final Certificate of Occupancy may be issued for the existing building at 404 W ashington Avenue. On September 11, 1996, the City Commission set a public hearing for today to consider the request from the Portofino Entities to transfer 13,984 square feet of development rights from the SSDI North site to 404 Washington Avenue. ANALYSIS The Administration is requesting that the City Commission approve the transfer of development rights pursuant to Section 6-29,D of the Zoning Ordinance which reads, in part: 2 "...transfers of development rights pursuant to a Development Agreement and/or Interlocal Agreement approved after October 1, 1995 in accordance with the terms of Section 9D-l of the Code of the City of Miami Beach, Florida, Section 163.3220, Fla. Stat. and/or Section 163.01, Fla. Stat.(hereinafter a "Chapter 163 Development Agreement"), shall be approved by the City Commission either contemporaneously with the approval of the Chapter 163 Development Agreement or during a subsequent publicly noticed hearing as provided in this Section." ... Based upon _the drawings submitted by Bermello, Ajamil & Partners on March 26, 1996, the building at 404 Washington Avenue has a total of 75,469 square feet. The maximum allowed floor area for this site is 61,485 square feet. Therefore, the project has an excess of 13,984 square feet of floor area; this square footage represents approximately 80% of the eight floor. Pursuant to Section 6-29,D ofthe Zoning Ordinance, the TDR request is consistent with the intent of the regulations set forth in Section 6-29,A; that the TDR request is consistent with the terms and provisions of the Development Agreement; and that the applicant has confirmed that it will satisfy the City's off-street parking requirement for the property in a manner consistent with the Development Agreement. CONCLUSION The Administration has concluded that the City Commission should approve the transfer of development rights of 13,984 square feet from the property know as SSDI North to 404 Washington Avenue, pursuant to Section 6-29,D of Zoning Ordinance, 89-2665. JGP/HM/D~ JGG\F:\PLAN\$ALL\CC _MEMOS\TDR404W A,SPH 3