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
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FORM APPROVED
LEGAL DEPT.
By O~-v~
Date .fl J-r/f? ~ -
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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
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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
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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.~~:
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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; .
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PrintName: l#tt()/lc. r?;;/lc. /1'/..-> 6'r~Cr.. \f~
6?~.
PriDtName: ~#, I2h~.
~ 6/51j1
Dale
APPROVED ~ 10
FORM & LANGUAGE
& fOR exECUTION
4
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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 '. (~(" . ..:'
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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 .
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By: ___ 'CC;;
Print Named--\E I N(2I(tU~):\I ~
~~ IN~~~rC~~/N()
'ltS ~nt'{ 0./ (X1h1e~
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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.. (
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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
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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.
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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.
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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.
"
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\ 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
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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;
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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~).. ~~
,
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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 .
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S5:
:~~~ :;;ted
ese.. Print Name:J1EIN(2ln-Ll\hJI\1A)vP c+
11tJ-j IN\JSSTC(:)P.~ INC)
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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