2013-47 RESOLUTION NO. 2013-47
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM
SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW FORTY-SIX (46) PARKING SPACES, WHERE
A MINIMUM OF EIGHTY-SEVEN (87) PARKING SPACES ARE REQUIRED
BY CODE; AND MODIFICATION TO CITY OF AVENTURA RESOLUTION
NO. 2011-47 TO EXTEND THE TIME FOR USE OF THE TEMPORARY
STRUCTURE ON SITE TO DECEMBER 26, 2014 AND TO MODIFY
CONDITION NO. 8 OF SECTION 2. OF THE RESOLUTION; AND
MODIFICATION TO THE "DECLARATION OF RESTRICTIONS
REGARDING TEMPORARY STRUCTURE" TO EXTEND THE TIME TO
USE OF THE TEMPORARY STRUCTURE TO DECEMBER 26, 2014; ALL
FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 185
STREET AND NE 28 COURT, MUNICIPAL ADDRESS 18449 NE 28
COURT, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multifamily High
Density Residential District; and
WHEREAS, the applicant, Lubavitch Center Aventura South Inc., through
Application No. 06-VAR-13, is requesting Variance from Section 31-171(b) of the City's
Land Development Regulations to allow forty-six (46) parking spaces where a minimum
of eighty-seven (87) parking spaces are required by Code; and Modification to City of
Aventura Resolution No. 2011-47 to extend the time for use of the temporary structure
on site to December 26, 2014 and to delete Condition No. 8 of Section 2. of the
Resolution; and Modification of the "Declaration of Restrictions Regarding Temporary
Structure" dated July 25, 2011 to extend the time for use of the temporary structure to
December 26, 2014; all for property located at the southeast corner of NE 185 Street
and NE 28 Court, municipal address 18449 NE 28 Court, City of Aventura; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Variance Application meets the
criteria of the applicable codes and ordinances, to the extent the Variance Application is
granted herein; and
Resolution No. 2013-47
Page 2
WHEREAS, the City Commission finds that it is in the best interests of the City to
modify Resolution No. 2011-47 to extend the time for use of the temporary structure on
site to December 26, 2014; and
WHEREAS, the City Commission finds that it is not in the best interests of the
City to delete Condition No. 8 of Section 2. of Resolution No. 2011-47; and
WHEREAS, the City Commission finds that it is in the best interests of the City
to modify the "Declaration of Restrictions Regarding Temporary Structure" dated July
25, 2011 to extend the time of use of the temporary structure to December 26, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a Variance from Section 31-171(b) of the City's Land
Development Regulations to allow forty-six (46) parking spaces where a minimum of
eighty-seven (87) parking spaces are required by Code for the permanent synagogue at
18449 NE 28 Court, City of Aventura, on property legally described as follows:
Tract F, Merco at Aventura, according to the plat thereof recorded in Plat Book
166, Page 58 of the Public Records of Miami-Dade County, Florida, City of
Aventura
is hereby granted, subject to the following conditions:
(i) Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
(ii) Prior to issuance of a building permit, the applicant shall record this resolution in
the Public Records of Miami-Dade County. All expenses of such recordation shall be
borne by the applicant.
(iii) As proffered by the applicant, the reduced parking will be evaluated by the City
Manager after commencement of operation of the facility. If, at any time in the future,
the City Manager determines that the reduced parking is creating a situation that
warrants further parking being provided on site, the applicant shall install the required
parking lifts in the garage. The applicant has proffered to install the electrical service
needed to power the lifts during initial construction of the facility, in the event that the
lifts are determined to be required at any time in the future. The City Manager's
determination will be issued by written notice to the applicant.
(iv) The applicant shall record, at its expense, in the Public Records of Miami-Dade
County, Florida, in form satisfactory to the City Manager and City Attorney, a Covenant
agreeing to install the lifts if so required by written notice pursuant to Condition (iii)
Resolution No. 2013-47
Page 3
above. The Covenant shall stipulate that if such written notice is issued by the City
Manager, the applicant will immediately order the lift mechanisms, shall apply to the
City for the necessary installation permits within sixty (60) days of the date of such
notice and shall complete installation within five (5) months of the date of the written
notice.
Section 2. Resolution No. 2011-47 is hereby modified to extend the time for use
of the temporary use structure to December 26, 2014.
Section 3. Condition No. 8 of Section 2. of Resolution No. 2011-47 is hereby
modified to provide that owner will make no request for extension for the removal of the
temporary use past December 26, 2014.
Section 4. The "Declaration of Restrictions Regarding Temporary Structure"
dated July 25, 2011 is hereby modified to extend the time for use of the temporary
structure to December 26, 2014.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Enbar Cohen, and upon being
put to a vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Michael Stern yes
Mayor Susan Gottlieb yes
Resolution No. 2013-47
Page 4
PASSED AND ADOPTED this 1st day of October, 2013.
Aat
r`• an Gottlieb, Mayor
ATTEST.
A! &. ij�CL
T RESA `RO A , MMC
TY CLE'
APPROVED AS O LEGA SUFFI E CY:
CITY ATTORNEY
This 'esolut'on was e. in the Office of the City Clerk this/. day of October, 2013.
A. • t'1, 4_
CLERK
This instrument was prepared by:
and when recorded return to:
Brian S. Adler, Esq.
Bilzin Sumberg Baena Price&Axelrod LLP
1450 Brickell Avenue, Suite 2300
Miami,Florida 33131
Folio No.28-2203-082-0670
(Reserved for Clerk)
DECLARATION OF RESTRICTIONS REGARDING PARKING LIFTS
THIS DECLARATION OF RESTRICTIONS REGARDING PARKING
LIFTS ("Declaration") is made this day of , 2016, by Lubavitch Center
Aventura South, Inc., a Florida non-profit corporation ("Owner").
WHEREAS, Owner holds the fee simple title to the land in the City of Aventura,
Florida("City"), described in attached Exhibit "A", and hereinafter called the "Property".
WHEREAS, pursuant to Resolution No. 2013-47 of the City of Aventura, the City
approved a parking variance on the Property from the requirements of Section 31-171(b) of the
City's Land Development Regulations, subject to the Owner recording a covenant agreeing to
install the parking lifts upon the occurrence of certain events.
IN ORDER TO ASSURE the City that the representations made by the Owner during
consideration of Owner's application ("Application") that resulted in the adoption of City of
Aventura Resolution 2013-47 ("Resolution") will he abided by the Owner freely, voluntarily and
without duress, and pursuant to conditions (iii) and (iv) of Section 1 of the Resolution, Owner
submits this Declaration covering and running with the Property:
1. Specific Restriction Related to Parking Lifts ("Parking Lifts"). The Owner
shall install the electrical service needed to power parking lifts during initial construction of the
synagogue facility on the Property. The reduced parking will be evaluated by the City Manager
after Certificate of Occupancy and commencement of operation of the synagogue facility on the
Property. If, at any time during the one (1) year period after the date of issuance of the
Certificate of Occupancy for the synagogue facility on the Property, the City Manager determines
that the reduced parking is creating a situation that warrants further parking being provided on
the Property, and the City Manager issues a written notice in accordance with condition (iii)
of Section I of the Resolution to the Owner, upon such written notice from the City Manager, the
Owner shall (i) immediately order the parking lift mechanism(s), (ii) shall apply to the City for
the necessary installation permits within sixty (60) days of the date of such written notice by the
City Manager, and (iii) shall complete installation of the parking lifts within five (5) months of
the date of the written notice from the City Manager.
MIAMI 4968895.5 79445/37084
Declaration of Restrictions
Regarding Parking Lifts
Page 2
If Parking Lifts are utilized on the Property, for the portion of the Property that contains
Parking Lifts as defined in Section 31-171(a)(6)(i) of the City of Aventura Code, the Parking
Lifts, when utilized, shall only be operated by an attendant or a licensed and insured valet
parking company on a twenty-four hour per day, seven day per week basis. For the purposes of
compliance with this condition, a Parking Lift shall be deemed not to be being utilized when it is
securely locked, in a tamper — resistant fashion, so that no person would be able to operate or
move the Parking Lift unless it is first unlocked by the above described authorized attendant or
valet parking company who operates the Parking Lift at all times that the Parking Lift is utilized.
Accordingly, this paragraph shall not bar a vehicle from simply being parked or stored within the
parking stall of the Parking Lift without the attendance of a parking attendant or valet, so long as
the Parking Lift is securely locked in a tamper — resistant manner, so that the Parking Lift may
not be moved or operated by anyone other than the authorized parking attendant or valet parking
company. However, if the City finds that the Parking Lift has not been securely locked, as
described above, the Parking Lift shall no longer be used by Owner for parking and storage of
vehicles unless a parking attendant or valet parking company is on duty at all times as described
above.
2. Covenant Running with the Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in
the public records of Miami-Dade County, Florida and shall remain in full force and effect and
be binding upon the undersigned Owner, and its heirs, successors and assigns until such time as
the same is modified or released. These restrictions during their lifetime shall be for the benefit
of, and limitation upon, all present and future owners of the Property and for the benefit of the
City and the public welfare.
3. Term. This Declaration shall run with the land and shall become effective upon
recordation and shall continue for a term of thirty (30) years from the date it is recorded,
thereafter automatically renewed for ten (10)year periods, unless released sooner with the written
consent of the then property owners with the prior approval of the City Manager of the City of
Aventura. Notwithstanding the foregoing, in the event the Parking Lifts are removed from the
Property because parking on the Property otherwise complies with the City Code, this
Declaration shall be released at Owner's request by a Release of Declaration of Restrictions
Regarding Parking Lifts, approved and signed by the City Manager and recorded in the Public
Records.
4. Modification, Amendment, Release. This Declaration may be modified,
amended or released as to the land herein described, or any portion thereof, by a written
instrument executed by the then Owner or Owners of all of the Property, including joinders of all
mortgagees, if any, provided that the same is also approved in writing by the City Manager. For
purposes of modification, amendment or release of this Declaration, that if any portion of the
Property has been submitted to the condominium form of ownership or another collective
ownership structure (a "Submitted Portion"), then such consent shall be given by the
condominium association, property owners' association or other entity governing such Submitted
Portion rather than the individual unit, parcel or lot owners or their mortgagees.
MIAMI 4968895.5 79445/37084
Declaration of Restrictions
Regarding Parking Lifts
Page 3
5. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants herein. The prevailing party in any action or
suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs
and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the
services of his attorney. This enforcement provision shall be in addition to any other remedies
available at law, in equity or both.
6. Authorization for City to Withhold Permits and Inspections. In the event the
terms of this Declaration are not being complied with, in addition to any other remedies
available, the City is hereby authorized to withhold any further permits on the Property, and
refuse to make any inspections or grant any approvals on the Property, until such time as Owner
complies with this Declaration.
7. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
8. Presumption of Compliance. Where construction has occurred on the Property
or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and
approval of occupancy given by the City, then such construction, inspection and approval shall
create a rebuttable presumption that the buildings or structures thus constructed comply with the
intent and spirit of this Declaration.
9. Severability. Invalidation of any one of these covenants, by judgment of Court,
shall not affect any of the other provisions which shall remain in full force and effect.
10. Recording. This Declaration shall be filed of record in the public records of
Miami-Dade County, Florida at the cost of the Owner pursuant to Resolution No. 2013-47 of the
City Commission of the City of Aventura approving the parking variance.
11. Owner. The term Owner shall include the Owner, and its heirs, successors and
assigns.
[EXECUTION PAGE FOLLOWS]
MIAMI 4968895.5 79445/37084
Declaration of Restrictions
Regarding Parking Lifts
Page 4
Signed, witnessed, executed and acknowledged this t9, day of E1(p, , 2016.
WITNESS S. LUBAVITCH CENTER AVENTURA SOUTH,
00 INC.
000000
a Florida non-profit corporation
if • 'am : 02),1*� �
By:
Ra bi enachem M. Rosenfeld
Prrit Name: / , President
G5ta 71/f
) SS
COUNTY OF MIAMI-DADE )
� 2c�1� •
The foregoing instrument was acknowledged before me this �,, day of .. .)17-‘,,\
2016, by Rabbi Menachem M. Rosenfeld, as President of Lubavitch Center Aventura South, Inc. who is
personally known to me or who has produced as identification, who
executed same for the purposes described therein. LUiSouYsnA
Notary Pubic,state of Florida
Connmleelona FF 958680
J�HIJ
•
i
"' ' NN comm.expires AO.28,2020
Printed Name: 1 �� �iv -� '
14 Mw 1 it My Commission Expires: IM 2Ca2-
Notary Public, State of Flo ida . Large 44i1'SSS(c-.1.0
ACCEPTED BY THE CITY OF AVENTURA
By: Attest:
Eric M. Soroka, ICMA-CM, City Manager
Ellisa L. Horvath, MMC, City Clerk
Date: , 2016
Approved . to form and legal sufficiency on
this ._ _ day of Se. /r)/P/? , 2016.
'`
ity ttorney
MIAMI 4968895.2 79445/37084
Declaration of Restrictions
Regarding Parking Lifts
Page 4
Signed,witnessed, executed and acknowledged this t2 day of Opt. , 2016.
WITNESS S. LUBAVITCH CENTER AVENTURA SOUTH,
.e.100/0 INC.
a Florida non-profit corporation
am : �,/ i
�- By:
/�, '% ��'�/ y Ra.bi enachem M. Rosenfeld
Prirrit Name: President
Le-G(4-J )(HA 7ze
) SS
COUNTY OF MIAMI-DADE )
201 .
The foregoing instrument was acknowledged before me this 1 day of 4:-)F-`,"
2016, by Rabbi Menachem M. Rosenfeld, as President of Lubavitch Center Aventura South, Inc. who is
personally known to me or who has produced as identification, who
executed same for the purposes described therein. LulsouvBR►
Notary Public,etas of t
Commission,FF 956660
1" My comm,expires Jam.28,2020
astemiaLn1]
4 Printed Name: L>i
My Commission Expires: D.
Notary Public, State of Floida . Large . j
ACCEPTED BY T CITY OF • ENTURA
By: •- ` Attest:
Eric M. Soroka, MA-C.", City Manager
' i' Ellisa L. Horvath, M , City Clerk
Date: Q G'EU 4 , 2016
Approved as to form and legal sufficiency on
this day of , 2016. ev*
City Attorney .. i '"-
�v'
J I LOQ`
wry G sc
i
MIAMI 4968895.2 79445/37084
JOINDER OF MORTGAGEE
The undersigned, TD BANK, N.A., Mortgagee under that certain Construction Loan
Mortgage and Security Agreement given by LUBAVITCH CENTER AVETURA SOUTH, INC., a
Florida not for profit corporation, recorded December 10, 2014, in Official Records Book 29424,
Page I576, of the Public Records of Miami-Dade County, Florida, does hereby and herewith join,
in the submittal of a Declaration of Restrictions Regarding Parking Lifts which includes the
Property referred to in Exhibit A attached hereto.
Witnesses: TD BANK, N.A., a national banking
association
...
hi By: L
a
Signature Name: MO% • 1
Title:
r.• •
____ .V
Print Name
o.._. ..A oy,ct&
ignature
OCArri l e V�/
Ov\ _.,
Print Name
STATE OF 1 lL)< <Gl vv )
) ss:
COUNTY OF- j,ei,,.s..,__,( )
The foregoing instrument was acknowledged before me this lc, day of May, 2016 by
O ,-,2- -A1v , as ‘/- of yD. BANK, N.A., a national
banking association, on behalf of the association. Said individual (Y) is personally known to me or
( ) produced as identification.
(1)},-4. --,
Notary Public l
My commission expires:
+'ate0 '4•o DENISE T. • i
.� £f. Notary Public-State of Florida
N z My Comm.Expires Jul 24.2018
-,..t.
•%;;E"«��ori Commission N FF 107312
MIAMI 4995016.1 79445/37084
14011
Declaration of Restrictions
Regarding Parking Lifts
Page 6
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Tract F of Merco at Aventura, according to the plat thereof, as
recorded in Plat Book 166, Page 58, in the Public Records of
Miami-Dade County, Florida.
MIAMI 4968895.5 79445/37084
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
G
TO: Ellisa L. Horvath, MMC, City Cler.
THROUGH: Eric M. Soroka, ICMA-CM, Cit '-n.•er j
FROM: Joanne Carr, AICP, Comm it Dev:Iopm irector
DATE: November 1, 2016
SUBJECT: Lubavitch Center Aventura South Inc.
Declaration of Restrictions Regarding Parking Lifts
18449 NE 28 Court
I have attached, for your records, the recorded copy of the above Declaration of
Restrictions. The document was recorded on October 26, 2016 in ORB 30282,
Page 1509 and was required as a condition of Administrative Site Plan Approval
issued on May 25, 2012.
CFN: 20160617140 BOOK 30282 PAGE 1509
DATE:10/26/2016 08:34:24 AM
HARVEY RUVIN,CLERK OF COURT, MIA-DADE CTY
This instrument was prepared by:
and when recorded return to:
Brian S. Adler,Esq.
Bilzin Sumberg Baena Price&Axelrod LLP
1450 Brickell Avenue,Suite 2300
Miami,Florida 33131
Folio No.28-2203-082-0670
(Reserved for Ckrk)
DECLARATION OF RESTRICTIONS REGARDING PARKING LIFTS
THIS DECLARATION OF. RESTRICTIONS REGARDING PARKING
LIFTS ("Declaration") is made this I ' day of _ ( : , 2016, by Lubavitch Center
Aventura South, Inc., a Florida non-profit corporation ("Owner").
WHEREAS, Owner holds the fee simple title to the land in the City of Aventura,
Florida("City"),described in attached Exhibit "A", and hereinafter called the "Property".
WHEREAS, pursuant to Resolution No. 2013-47 of the City of Aventura, the City
• approved a parking variance on the Property from the requirements of Section 31-171(b) of the
City's Land Development Regulations, subject to the Owner recording a covenant agreeing to
install the parking lifts upon the occurrence of certain events.
• IN ORDER TO ASSURE the City that the representations made by the Owner during
consideration of Owner's application ("Application") that resulted in the adoption of City of
Aventura Resolution 2013-47 ("Resolution") will be abided by the Owner freely, voluntarily and
without duress, and pursuant to conditions (iii) and (iv) of Section 1 of the Resolution, Owner
•
•
submits this Declaration covering and running with the Property:
I. Specific Restriction Related to Parking Lifts]"Parkina Lifts"},. The Owner
shall install the electrical service needed to power parking lifts during initial construction of the
• synagogue facility on the Property. The reduced parking will be evaluated by the City Manager
after Certificate of Occupancy and commencement of operation of the synagogue facility on the
Property. If, at any time during the one (1) year period after the date of issuance of the
Certificate of Occupancy for the synagogue facility on the Property, the City Manager determines
that the reduced parking is creating a situation that warrants further parking being provided on
the Property, and the City Manager issues a written notice in accordance with condition (iii)
of Section 1 of the Resolution to the Owner, upon such written notice from the City Manager, the
Owner shall (i) immediately order the parking lift mechanism(s), (ii) shall apply to the City for
the necessary installation permits within sixty (60) days of the date of such written notice by the
City Manager, and (iii) shall complete installation of the parking lifts within five (5) months of
the date of the written notice from the City Manager.
MIAMI 4968895.5 79445/37084
I
CFN: 20160617140 BOOK 30282 PAGE 1510
Declaration of Restrictions
Regarding Parking Lifts
Page 2
If Parking Lifts are utilized on the Property, for the portion of the Property that contains
Parking Lifts as defined in Section 31-171(a)(6)(i) of the City of Aventura Code, the Parking
Lifts, when utilized, shall only be operated by an attendant or a licensed and insured valet
parking company on a twenty-four hour per day, seven day per week basis. For the purposes of
compliance with this condition, a Parking Lift shall be deemed not to be being utilized when it is
securely locked, in a tamper — resistant fashion, so that no person would be able to operate or
move the Parking Lift unless it is first unlocked by the above described authorized attendant or
valet parking company who operates the Parking Lift at all times that the Parking Lift is utilized.
Accordingly, this paragraph shall not bar a vehicle from simply being parked or stored within the
parking stall of the Parking Lift without the attendance of a parking attendant or valet, so long as
the Parking Lift is securely locked in a tamper — resistant manner, so that the Parking Lift may
not be moved or operated by anyone other than the authorized parking attendant or valet parking
company. However, if the City finds that the Parking Lift has not been securely locked, as
described above, the Parking Lift shall no longer be used by Owner for parking and storage of
vehicles unless a parking attendant or valet parking company is on duty at all times as described
above.
2. Covenant Runnine with the Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in
the public records of Miami-Dade County, Florida and shall remain in full force and effect and
be binding upon the undersigned Owner, and its heirs, successors and assigns until such time as
the same is modified or released. These restrictions during their lifetime shall be for the benefit
of, and limitation upon, all present and future owners of the Property and for the benefit of the
City and the public welfare.
3. Term. This Declaration shall run with the land and shall become effective upon
recordation and shall continue for a term of thirty (30) years from the date it is recorded,
thereafter automatically renewed for ten (10)year periods, unless released sooner with the written
consent of the then property owners with the prior approval of the City Manager of the City of
Aventura. Notwithstanding the foregoing, in the event the Parking Lifts are removed from the
Property because parking on the Property otherwise complies with the City Code, this
Declaration shall be released at Owner's request by a Release of Declaration of Restrictions
Regarding Parking Lifts, approved and signed by the City Manager and recorded in the Public
Records.
4. Modification, Amendment, Release. This Declaration may be modified,
amended or released as to the land herein described, or any portion thereof, by a written
instrument executed by the then Owner or Owners of all of the Property, including joinders of all
mortgagees, if any, provided that the same is also approved in writing by the City Manager. For
purposes of modification, amendment or release of this Declaration, that if any portion of the
Property has been submitted to the condominium form of ownership or another collective
ownership structure (a "Submitted Portion"), then such consent shall be given by the
condominium association, property owners' association or other entity governing such Submitted
Portion rather than the individual unit, parcel or lot owners or their mortgagees.
MIAMI 4968895.5 79445/37084
CFN: 20160617140 BOOK 30282 PAGE 1511
•
Declaration of Restrictions
Regarding Parking Lifts
Page 3
5. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants herein. The prevailing party in any action or
suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs
and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the
services of his attorney. This enforcement provision shall be in addition to any other remedies
available at law, in equity or both.
6. Authorization for City to Withhold Permits and Inspections. In the event the
terms of this Declaration are not being complied with, in addition to any other remedies
available, the City is hereby authorized to withhold any further permits on the Property, and
refuse to make any inspections or grant any approvals on the Property, until such time as Owner
complies with this Declaration.
7. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
8. Presumption of Compliance. Where construction has occurred on the Property
or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and
approval of occupancy given by the City, then such construction, inspection and approval shall
create a rebuttable presumption that the buildings or structures thus constructed comply with the
• . intent and spirit of this Declaration.
9. Severability. Invalidation of any one of these covenants, by judgment of Court,
shall not affect any of the other provisions which shall remain in full force and effect.
10. Recording. This Declaration shall be tiled of record in the public records of
Miami-Dade County, Florida at the cost of the Owner pursuant to Resolution No. 2013-47 of the
City Commission of the City of Aventura approving the parking variance.
11. Owner. The term Owner shall include the Owner, and its heirs, successors and
assigns.
[EXECUTION PAGE FOLLOWS]
MIAMI 4968895.5 79445/37084
CFN: 20160617140 BOOK 30282 PAGE 1512
Declaration of Restrictions
Regarding Parking Lifts
Page 4
Signed, witnessed, executed and acknowledged this 49 day of Ptek2lL , 2016.
WITNESS LUBAVITCH CENTER AVENTURA SOUTH,
.... 4/✓n 7....-.. INC.
a Florida non-prpfit corporation
St
Ra bi . enachem M. Rosenfeld
Pant Name: 7 President
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this �y day of ,,` •
2016, by Rabbi Menachem M. Rosenfeld,.as President of Lubavitch Center Aventura South, Inc. who is
personally known to me or who has produced � tom- - as identification, who
executed same for the purposes described therein. LulttrUVt
if& AA
M of Ilionda
�q FF 966660
My comm.minis J0.20.2020
amsemmti
t1f` aersustalsPrinted Name: _ _... •
My Commission Expires:' 'lagroWls
Notary Public, State of F}ca urge 44 v'f (�5-14:23:)
ACCEPTED BY THE CITY OF AVENTURA
By: Attest:
Eric M. Soroka,ICMA-CM, City Manager
Ellisa L. Horvath, MMC,City Clerk
Date: ,2016
• Approved asto form and legal sufficiency on
this 4;1,,.:1 day of : '-' , ,,, 2016.
►tyAttorney
MIAMI 4968895.2 79445/37084
CFN: 20160617140 BOOK 30282 PAGE 1513
Declaration of Restrictions
Regarding Parking Lifts
Page 4
Signed,witnessed,executed and acknowledged this tF day of PN-l(. , 2016.
WITNESSE S;�..-.. LUBAVITCH CENTER AVENTURA SOUTH,
s
f✓ .�' INC.
�M :) a Florida non-profit corporation
n1° •�z 1 ,
By: '.: f _
; ..
_ Ra 1,i'N enachem M. Rosenfeld
P t Name:ame . wM-M-�• President
10'14
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of f
2016, by Rabbi Menachem M. Rosenfeld, as President of Lubavitch Center Aventura South, Inc. who is
personally known to me or who has produced as identification, who
executed same for the purposes described therein. UIseuAM
Notaty Public, FF
.: : comm.IKON,Mi.28,2020 ..
® 1113:64W.ali Printed Name: t. .x-.i ^s v% ,w;. ''
My Commission Expires:}_ _ •• a2-
Notary Public, State of Flo ida . Large 44. � 7
ACCEPTED BY T1*CITY OF A,IFN'I'URA
+r
By: Attest:
Eric M. Soroka,ICMA-C$,City Manager
Ellisa L. Horvath, MMQ. City Clerk
Date:...--. -__.... "` ' 2016
Approved as to form and legal sufficiency on
this day of 2016. \
ter
City Attorney "\ p3
MIAMI 4968895.2 79445/37084
CFN: 20160617140 BOOK 30282 PAGE 1514
JOINDER OF MORTGAGEE
The undersigned, TD BANK, N.A., Mortgagee under that certain Construction Loan
Mortgage and Security Agreement given by LUBAVITCH CENTER AVETURA SOUTH, INC., a
Florida not for profit corporation, recorded December 10, 2014, in Official Records Book 29424,
Page 1576, of the Public Records of Miami-Dade County, Florida, does hereby and herewith join,
in the submittal of a Declaration of Restrictions Regarding Parking Lifts which includes the
Property referred to in Exhibit A attached hereto.
Witnesses: TD BANK,N.A., a national banking
association
Signature �f. r Name: a
,..
'Title:_ 'il�~ .�___....=:...._...
Print Name
signature
\k( t e.. V Oc\\ _
Print Name
•
STATE OF l• kthc ;.c.( )
)ss:
COUNTY OF •,s <....; )
The foregoing instrument was acknowledged before me this day of May, 2016 by
, as �_. . . of VD. BANK, N.A. a national
banking association,.on behalf of the association. Said individual (l)is personally known to me or
( )produced _._ as identification.
Notary+Public� '$ \`'
My commission expires:
.'' tif1IS£T. •
rNotary Public-State of Florida
sr. Ir I My Comm.NOMJul 24.2018
a' Commission 1 Ff 107312
MIAMI 4995016.1 79445/37084
CFN: 20160617140 BOOK 30282 PAGE 1515
Declaration of Restrictions
Regarding Parking Lifts
Page 6
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Tract F of Merco at Aventura, according to the plat thereof, as
recorded in Plat Book 166, Page 58, in the Public Records of
Miami-Dade County, Florida.
MIAMI 4968895.5 79445/37084
ii