Resolution No. 2016-34 Conditional Use Approval for Chabad House of North Dade, Inc. at 21001 Biscayne Blvd. - May 3, 2016 RESOLUTION NO. 2016-34
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT LOT COVERAGE OF 61.64% WHERE MAXIMUM LOT
COVERAGE OF 40% IS PERMITTED BY CODE AND TO PERMIT
FLOOR AREA RATIO OF 2.0 WHERE MAXIMUM FLOOR AREA RATIO
OF 1.39 IS PERMITTED BY CODE; GRANTING CONDITIONAL USE
APPROVAL TO PERMIT A RELIGIOUS FACILITY AND SCHOOL;
GRANTING VARIANCE TO PERMIT A MINIMUM FRONT YARD
SETBACK OF 4 FEET, WHERE A MINIMUM 25 FOOT FRONT YARD
SETBACK IS REQUIRED BY CODE; GRANTING VARIANCE
APPROVAL TO PERMIT A HEIGHT OF 47 FEET 4 INCHES FOR THE
SYNAGOGUE, WHERE A MAXIMUM HEIGHT OF 37 FEET 6 INCHES IS
PERMITTED BY CODE, ALL FOR AN OFFICE BUILDING AND
RELIGIOUS/SCHOOL FACILITY ON PROPERTY AT 21001 BISCAYNE
BOULEVARD, CITY OF AVENTURA PROPOSED TO BE
CONSTRUCTED UNDER THE CITY'S GREEN BUILDING PROGRAM;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein in Exhibit "A" is zoned Community
Business (B2) District; and
WHEREAS, the applicant, Chabad House of North Dade, Inc., through
Applications Nos. 02-CU-16 and 01-VAR-16 is requesting (1) Conditional use approval
pursuant to Chapter 14, Article VI., Green Building Program and pursuant to Section
31-144(c)(2) I. and m. of the City's Land Development Regulations to permit lot
coverage of 61.64% where a maximum of 40% is permitted by Code and a floor area
ratio of 2.0 where a floor area ratio of 1.39 is permitted by Code; and (2) Conditional
use approval pursuant to Section 31-144(c)(2) of the City Code to permit a religious
facility and school; and (3) Variance from Section 31-144(c)(5)d. of the City Code to
permit a minimum front yard setback of 4 feet, where a minimum 25 foot front yard
setback is required by Code; and (4) Variance from Section 31-144(c)(5)b. of the City
Code to permit a height of 47 feet 4 inches for the synagogue, where a maximum
height of 37 feet 6 inches is permitted by Code based on the distance to the adjacent
residentially zoned land to the east, all for a proposed LEED® Gold certified 10 story,
120 foot tall office building, a 4 story religious facility and school with attached 5 story
parking garage at 21001 Biscayne Boulevard, City of Aventura.
City of Aventura Resolution No. 2016-34
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for (1) Conditional use approval pursuant to Chapter 14,
Article VI., Green Building Program and pursuant to Section 31-144(c)(2) I. and m. of
the City's Land Development Regulations to permit lot coverage of 61.64% where a
maximum of 40% is permitted by Code and a floor area ratio of 2.0 where a floor area
ratio of 1.39 is permitted by Code; and (2) Conditional use approval pursuant to Section
31-144(c)(2) of the City Code to permit a religious facility and school; and (3) Variance
from Section 31-144(c)(5)d. of the City Code to permit a minimum front yard setback of
4 feet, where a minimum front yard setback of 25 feet is required by Code; and (4)
Variance from Section 31-144(c)(5)b. of the City Code to permit a height of 47 feet 4
inches for the synagogue, where a maximum height of 37 feet 6 inches is permitted by
Code based on the distance to the adjacent residentially zoned land to the east, are
hereby granted, subject to the conditions set out in this Resolution, on property legally
described in Exhibit "A" to this Resolution and known as municipal address 21001
Biscayne Boulevard, City of Aventura.
Section 2. Approval of the application above is subject to the following
conditions:
1. Plans submitted for building permit shall substantially comply with those
submitted as follows:
Page 2 of 10
City of Aventura Resolution No. 2016-34
• "Aventura Chabad and Two Ten Aventura", Site Plan, Sheet AS-101, prepared
by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and sealed
4/15/16.
• "Aventura Chabad and Two Ten Aventura", Parking Distribution and Valet Plan,
Sheet AS-101.1, prepared by Synalovski Romanik Saye, dated 9/18/2015,
revised, signed and sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Site Plan Details, Sheet AS-102,
prepared by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Photometric Site Plan, Sheet AS-
103, prepared by Synalovski Romanik Saye, dated 9/18/2015, revised, signed
and sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Floor Plans, Sheet A-101, prepared
by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and sealed
4/15/16.
• "Aventura Chabad and Two Ten Aventura", Auto Turn Analysis, Sheet A-101.1,
prepared by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Floor Plans, Sheet A-102, prepared
by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and sealed
4/15/16.
• "Aventura Chabad and Two Ten Aventura", Auto Turn Analysis, Sheet A-102.1,
prepared by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Floor Plans, Sheet A-103, prepared
by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and sealed
4/15/16.
• "Aventura Chabad and Two Ten Aventura", Elevations, Sheet A-201, prepared
by Synalovski Romanik Saye, dated 9/18/2015, revised, signed and sealed
4/15/16.
Page 3 of 10
City of Aventura Resolution No. 2016-34
• "Aventura Chabad and Two Ten Aventura", Conceptual Paving, Grading &
Drainage Plan, Sheet C-1, prepared by Flynn Engineering Services, P.A., dated
9/18/2015, revised, signed and sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Conceptual Water and Sanitary
Sewer Plan, Sheet C-2, prepared by Flynn Engineering Services, P.A., dated
9/18/2015, revised, signed and sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Conceptual Signing and Pavement
Marking Plan, Sheet C-3, prepared by Flynn Engineering Services, P.A., dated
9/18/2015, revised, signed and sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Landscape Plan, Sheet L-1,
prepared by Witkin Hults Design Group, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Landscape Plan, Sheet L-2,
prepared by Witkin Hults Design Group, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Landscape Plan, Sheet L-3,
prepared by Witkin Hults Design Group, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Landscape Details, Sheet L-4,
prepared by Witkin Hults Design Group, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Aventura Chabad and Two Ten Aventura", Tree Disposition, Sheet TD-1,
prepared by Witkin Hults Design Group, dated 9/18/2015, revised, signed and
sealed 4/15/16.
• "Sketch of Survey", Sheet 1 of 2, prepared by Cousins Surveyors & Assoc., Inc.,
dated, 5/22/14, revised 12/21/2015, signed and sealed.
• "Sketch of Survey", Sheet 2 of 2, prepared by Cousins Surveyors & Assoc., Inc.,
dated, 5/22/14, revised 12/21/2015, signed and sealed.
2. Building permits shall be obtained within 12 months of the date of this
Resolution, failing which this approval shall be deemed null and void. The City
Page 4 of 10
City of Aventura Resolution No. 2016-34
Commission may, upon written request for such extension by the applicant within the
initial 12 month approval period, grant one extension of up to six months by resolution
or motion at a regular meeting, for good cause shown by the applicant.
3. Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval of the
conditional use.
4. No amplified outdoor music or other amplified sound shall be permitted on the
roof garden terrace of the synagogue.
5. Prior to issuance of a building permit by the City for the proposed development,
the applicant shall:
(i) enter into and record in the Public Records of Miami-Dade County, at its
expense, and in form satisfactory to the City Manager and City Attorney,
the Agreement and Covenant in fulfillment of all requirements of the City's
Green Building Ordinance No. 2009-18; and
(ii) provide to the City a performance bond or other security approved by the
City Manager and City Attorney in the amount of 5% of building construction
costs as approved by the City's Building Official to guarantee attainment of
LEED® Gold certification by the US Green Building Council; and
(iii) record, in form satisfactoryto the City Manager and City Attorney, a Unity of
Title joining the lots and strip of land comprising the parcel into one
development site; and
(iv) record, in form satisfactory to the City Manager and City Attorney, pursuant
to Section 31-171(b)(12)b., a covenant restricting the size, mix and location
Page 5 of 10
City of Aventura Resolution No. 2016-34
of uses to those detailed in the shared parking study as approved by the
City's Traffic Engineering Consultant; and
(v) record the release and vacation and relocation of the 10 foot wide FPL
easement through the center of and along the northern limit of the site as
shown on the survey submitted with this application; and
(vi) submit and receive approval from the City Manager of a detailed job-site
plan as required by City of Aventura Ordinance No. 2006-05; and
(vii) provide to the City, a copy of the FDOT permit for the proposed intersection
roadway improvement; and
(viii) obtain a Public Works Permit from the City for all proposed roadway
improvements and driveways onto NE 210 Street.
(ix) pay to the City the sum of $50,000, as proffered by the applicant, as a
contribution toward the cost of street lighting on NE 30 Avenue.
6. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of
Occupancy, the applicant shall:
(i) provide an as-built survey and Elevation Certificate in form approved by the
City; and
(ii) provide to the City, evidence of compliance with City Code Section 31-242
regarding public safety radio system protection; and
(iii) construct, to the satisfaction of the City, the intersection and roadway
improvements shown on the paving, grading and drainage plans submitted with
this application.
Page 6of10
City of Aventura Resolution No. 2016-34
Section 3. 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 4. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 3rd day of May, 2016.
Page 7 of 10
City of Aventura Resolution No. 2016-34
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ENID WEISMAN MAYOR
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ATTEST:
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ELLISA L. HORV Cr MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
(-1(frin EIVN--N(
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 3 day of , 2016.
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CITY CLERK
Page 8of10
City of Aventura Resolution No. 2016-34
Exhibit "A"
Legal Description of Parcel
21001 Biscayne Boulevard, City of Aventura
All of Block 1 of "Hallandale Park No. 11", according to the Plat thereof, as recorded in
Plat Book 27, Page 39 of the Public Records of Miami-Dade County, Florida
Together with:
A portion of that 25.00 foot strip of land formerly known as Harvard Avenue (presently
designated as NE 29 Avenue) as shown Plat entitled "Hallandale Park No. 11"
according to the Plat thereof as recorded in Plat Book 27, Page 39 of the Public
Records of Miami-Dade County, Florida lying northerly at the north right of way
boundary of NE 210 Street formerly known as Montclair Way as shown on said plat
entitled "Hallandale Park No. 11"; said tract of land being more particularly described as
follows:
Begin at the northwest corner of the NE '/4 of the SE 1/4 of the NW 1/4 of Section 34,
Township 51 South, Range 42 East, Miami-Dade County, Florida, said point also being
the westerly corner of Tract A of Donn Acres according to the plat thereof as recorded
in Plat Book 76, Page 30 of the Public Records of Miami-Dade County Florida; then run
N89°46'30" East along the north boundary of the South 1/2 of the NE 1/4 of the SW 1/4 of
the NW 1/4 of said Section 34, being also along the westerly projection of the north
boundary of Lot 11, Block 1 of said Hallandale Park No. 11 a distance of 25.00 feet to
the northwest corner of said Lot 11; thence run SO1°03'38" E along the west boundary
of Lot 11 a distance of 31.38 feet to the point of curvature of a curve concave to the
northeast and having for its elements a radius of 25.00 feet and a central angle of
89°11'52"; thence run southeastwardly, eastwardly and northeastwardly along the arc of
said curve a distance of 38.92 feet to the point of tangency; then run S89°44'30"W
along the westerly projection of the south boundary of said Lot 11 a distance of 38.06
feet to a point of deflection; thence run N65°41'00" W along a line that is perpendicular
southeasterly right of way boundary of Federal Highway (also known as US 1, also
known as State Road 5) as shown on right of way map as recorded in Plat Book 34,
Page 54A, of the Public Records of Miami-Dade County, Florida, a distance of 12.83
feet to the point of intersection with the west boundary of the NE '/4 of the SE % of the
NW 1/4 of said Section 34; thence run N01°03'38"W along the last described line being
also along the east boundary of Lot 2, Block 6, Map of the Town of Hallandale in
Section 34, Township 51, Range 42 East, Miami-Dade County, Florida, according to the
Plat thereof as recorded in Plat Book B, Page 13 of the Public Records of Miami-Dade
County, Florida, a distance of 50.71 feet to the point of beginning.
Together with:
Page 9 of 10
i
City of Aventura Resolution No. 2016-34
A portion of Tracts A, B and C of Donn Acres, according to the plat thereof as recorded
in Plat Book 76 at Page 30 of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
Commence at the Northeast corner of Section 34, Township 51 South, Range 42 East;
thence run S01°59'03"E along the easterly line of said Section 34 for 659.14 feet;
thence run S88°00'57"W for 40 feet; thence run S01°59'03"E for 50 feet; thence run
S88°26'03"W for 1953.55 feet to a point; said point bearing S72°44'41"E from the
center of the next described curve; thence run southwesterly along a circular curve to
the right having for its elements a central angle of 05°27'59" and a radius of 4752.05
feet for an arc distance of 453.38 feet to a point of tangency; thence run S22°43'18"W
for 574.92 feet; thence run S88°12'28"W for 265.99 feet to the point of beginning;
thence continue S88°12'28"W for 634.70 feet; thence run NO2°37'40"W for 25.00 feet;
thence run N88°12'28"E for 634.57 feet; thence run S02°55'32" East for 25.00 feet to
the point of beginning.
Page 10 of 10
CFN: 20170151670 BOOK 30460 PAGE 4864
DATE:03/20/2017 08:14.11 AM
HARVEY RUVIN.CLERK OF COURT.MIA-DADE CTY
This instrument was prepared by:
Kerry E.Rosenthal,.Esq.
Rosenthal Rosenthal Ruseo•LLC
20900 N,E.30th Avenue,Suite 600
Aventura,FL 33180
After recording return to:
City of Aventura
Community Development Department
19200 West Country.Club Drive
Aventura,FL 33180
Property Identification No(s); 28-1234.019.0015,
28-1234-019-0010,28-1234-019.0020,28.1234-019-0030,
28-1234.019-0040,28.1234-019.0050,28-1234-019-0060,
28-1234-019-/070,28-1234-019-0080,28-1234-019-0090;
28-1234-019-0091
DECLARATION OF RESTRICTIONS
KNOW ALL BY THESE PRESENTS that the undersigned, Chabad Rouse of North
Dade, Inc, a Florida not for profit corporation ("Owner"), with its principal address at
21001 Biscayne Boulevard, Aventura, Florida 33180, this .15.1.1„day of...,i-kiwqti, 2017,
hereby makes, declares and imposes on the land herein described, this Declaration of
Restrictions(the"Declaration"),which shall be binding on Owner,all heirs,grantees,successors
and assigns,future.owners,personal representatives,mortgagees,lessees, and against all persons
claiming by,through or under them;
WHEREAS, Owner holds fee simplee title to approximately 1.1770 acres of land in the.
City of Aventura,Florida,legally described in the attached Exhibit"A."(the"Property");and
WHEREAS, the Property is the subject of the City of Aventura (the "City") Resolution
No..2016-34, approving the development of the Property located at 21001 Biscayne Boulevard,
Aventura, Florida 33180(the"Resolution");and
WHEREAS, Condition No. 5(iv) of the Resolution requires that Owner execute and
record a covenant in .favor of the City restricting the sire, mix and location of uses on the
Property to those detailed in the shared parking study as approved by The City's Traffic
Engineering Consultant;and
WHEREAS, this Declaration constitutes the covenant required by condition No. 5(iv)of
the Resolution by restricting the size,mix and location of uses on the Property.
NOW, THEREFORE, in assurance to the City that the representations made by the
Owner during the.consideration of the Resolution will be abided by the Owner, its successors
and assigns, freely, voluntarily, and without duress, the Owner hereby imposes the following
restrictions contained herein to run with the Property:
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CFN:20170151670 BOOK 30460 PAGE 4865
Incorporation by Reference. The foregoing recitals are true and correct and hereby
adopted and incorporated by reference herein.
2. Use Restrictions. Pursuant to Section 31-171(b)(l2)b of the City Code, the Owner
agrees that the size, mix and location of the uses on the Property shall be restricted to
those delineated in the shared parking study as approved by the City's Traffic
Engineering Consultant, and reflected on "Aventura Chabad and Two Ten Aventura",
Parking Distribution and Valet Plan, Sheet AS 101.1, prepared by Synalovsky Romanic
Saye, dated 9/1812015, revised, signed and sealed 4/15/16, a list of which approved uses
is attached hereto as Exhibit B,and incorporated herein by reference.
3. City Inspection. As part of this Declaration, it is hereby understood and agreed that the
Owner grants the City the right to enter and inspect the Property during working hours to
determine whether or not the Property is in compliance with the use restrictions.
4. Covenant Running with The Land. This Declaration 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 for the term set forth in
Paragraph 5 hereof and be binding upon the undersigned Owner, its heirs,successors and
assigns, until such time as the same is modified, amended or released in the manner set
forth in Paragraph 6 hereof. These restrictions shall serve as a limitation upon all present
and future owners of the Property and for the benefit of the City and the public welfare.
The Owner, its heirs, successors and assigns, acknowledge that acceptance of this
Declaration does not in any way obligate or provide a limitation upon the City.
5. Term.This Declaration shall be binding for a period of thirty (30)years from the date this
Declaration is recorded,after which time it shall be extended automatically for successive
periods of ten (10) years each, unless modified, amended or released in the manner set
forth in Paragraph 6 hereof.
6. Modification, Amendment, Release. This Declaration may be modified, amended or
released as to the Property, or any portion thereof, by a written instrument executed by
the then Owner(s) of the Property, including joinders of all mortgagees, if any, provided
that the same is also approved by the City Manager of the City of Aventura or his/her
designee,and approved as to form and legality by the City Attorney.Any such instrument
of modification, amendment or release duly executed by all of the said parties shall be
recorded,at the Owner's expense, in the Public Records of Miami-Dade County, Florida.
This Declaration may also be released, in whole or in part, by a written instrument
executed solely by the City Manager of the City of Aventura or his/her designee, and
approved as to form and legality by the City Attorney, and such instrument recorded, at
Owner's expense,in the Public Records of Miami-Dade County,Florida.
7. Enforcement. Enforcement of this Declaration shall be by action against the Owner or
any parties or person violating, or attempting to violate, any restriction. 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 attorneys' fees as
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the court may adjudge to be reasonable for the services of his/her attorney. This
enforcement provision shall be in additionto any other remedies available at law, in
equity or both.
8. Authorization fpr City to Withhold Permits and Inspections. In the event the terms of
this Declaration are violated, in addition to any other remedies available, the City is
hereby authorized to withhold any future permits,and refuse to make any inspections or
grant any approvals on the Property,until such time as this Declaration is complied with.
9. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of anyone 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.
10. Severability. Invalidation of anyone of these covenants,by judgment of court, shall not
affect any of the other provisions which shall remain in full force and effect.However,if
any material portion is invalidated, the City shall be entitled to revoke any approval
predicated upon the invalidated portion.
II. Effective Date. The effective date hereof shall be the date when the last one of the
Owner and the City shall have executed this Declaration.
12. Acceptance of Declaration. The Owner acknowledges that acceptance of this
Declaration does not obligate the City in any manner, nor does it entitle the Owner to a
favorable recommendation or approval of any current or future application, zoning or
otherwise,.and the City Commission retains its full power and authority to deny each
such application in whole or in part and decline to accept any conveyance.
13. Owner. The term Owner shall include all its assigns and successors in interest.
IN WITNESS WHEREOF, the undersigned Owner .has caused this Declaration to be
executed by its duly authorized office or representative as of the day and year written below its
signature.
Witnesses: OWNER:
,....... oatiga CHABAD HOUSE OF NORTH DADE, INC.,.
Print Name: "..v a Florida not-for-profit corporation
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STATE OF FLORIDA )
)ss:
COUNTY OF M1AMI-RADE )
The foregoing instrument was acknowledged before me this (5 day of t-tida?''..14
2017 by Jacob Serfat.i,President of Chabad House of North Dade, inc., a Florida not-for-profit
corporation. He is personally known to me or presented Ns.,5:, is i°so- r; as identification
and who did not take an oath.
aQ ' , ,
Notary Public,State of Florida
NOTARY SEAL STAMP
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POlit.S€terelr€vwg
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ACCEPTED AS'I O Pb I. s, eta r +r..c Stare til f€ WA
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CITY OF AV NT►*-. •N
By: 4, taiimmor'.._
City Manager
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Date: 3/ 1 7 ;\,/
ACCEPTED AS TO FORM AND
LEGAL SUFFICIENCY:.
City Attorney
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. CFN:20170151670 BOOK 30460 PAGE 4868
STATE OF FLORIDA )
)9!i:
• COUNTY OF MIAMI-DADS )
The foregoing instrument was acknowledged before me this 15 day of 'e: ,
2017 by Jacob Serfati,President of Chabad House of North Dade, Inc.,a Florida not-for-profit
corporation. He is personally known to rite or presented Of `t as identification
and who did not lake an oath.
De .. ______,a,L
Notary Public,State of Florida
NOTARY SEAL STAMP
, 1Itnlsa9 1=v 3tia541
.4FIANSA HHmuA iaici Print Name
Aq Pak.Nate of Rona
'R•Comm. t fl4.rot?
FINielt
ACCEPTED AS TO
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CITY OF AVENTURA " • ear:Q
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City Manager
Date:_... _
ACCEPTED AS TO FORM AND 3�
LEGAL SUFFICIENCY: i
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EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
ALL OF BLOCK 1 OF "HALLANDALE PARK NO. 11", ACCORDING TO THE PLAT
THEREOF,AS RECORDED IN PLAT BOOK 27,PAGE 39 OF THE PUBLIC RECORDS OF
MIAMI/DADE COUNTY,FLORIDA.
TOGETHER WITH:
A PORTION OF THAT 25.00 FOOT WIDE STRIP OF LAND FORMERLY KNOWN AS
HARVARD AVENUE (PRESENTLY DESIGNATED AS N.E. 29TH AVENUE)AS SHOWN
ON PLAT ENTITLED "HALLANDALE PARK NO. 11" ACCORDING TO THE PLAT
THEREOF,AS RECORDED IN PLAT BOOK 27, PAGE 39 OF THE PUBLIC RECORDS OF
MIAMI/DADE COUNTY, FLORIDA LYING NORTHERLY AT THE NORTH RIGHT-OF-
WAY BOUNDARY OF N.E. 210TH STREET FORMERLY KNOWN AS MONTCLAIR
WAY AS SHOWN ON SAID PLAT ENTITLED "HALLANDALE PARK NO. 1 I" SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 51 SOUTH,RANGE 42 EAST,
MIAMI/DADE COUNTY, FLORIDA. SAID POINT ALSO BEING THE WESTERLY
CORNER OF TRACT 'A', "DONN ACRES" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA; THENCE RUN NORTH 89°46'30" EAST ALONG THE NORTH
BOUNDARY OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 34, BEING ALSO ALONG THE
WESTERLY PROJECTION OF THE NORTH BOUNDARY OF LOT 11, BLOCK 1 OF SAID
"HALLANDALE PARK NO. 11" A DISTANCE OF 25.00 FEET TO THE NORTHWEST
CORNER OF SAID LOT II; THENCE RUN SOUTH 01°03'38" EAST ALONG THE WEST
BOUNDARY OF SAID LOT 11, A DISTANCE OF 31.38 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING FOR ITS
ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89°11'52'; THENCE
RUN SOUTHEASTWARDLY, EASTWARDLY AND NORTHEASTWARDLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 38.92 FEET TO THE POINT OF TANGENCY;
THENCE RUN SOUTH 89°44'30" WEST ALONG THE WESTERLY PROJECTION OF THE
SOUTH BOUNDARY OF SAID LOT 11 A DISTANCE OF 38.06 FEET TO A POINT OF
DEFLECTION; THENCE RUN NORTH 65°41'00" WEST ALONG A LINE THAT IS
PERPENDICULAR SOUTHEASTERLY RIGHT-OF-WAY BOUNDARY OF FEDERAL
HIGHWAY (ALSO KNOWN AS U.S. #1, ALSO KNOWN AS STATE RD. #5) AS SHOWN
ON RIGHT-OF-WAY MAP AS RECORDED IN PLAT BOOK 34, PAGE 54A, OF THE
PUBLIC RECORDS OF MIAMI/DADE COUNTY,FLORIDA, A DISTANCE OF 12.83 FEET
TO THE POINT OF INTERSECTION WITH THE WEST BOUNDARY OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
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SECTION 34; THENCE RUN NORTH 01°03'38" WEST ALONG THE LAST DESCRIBED
LINE BEING ALSO ALONG THE EAST BOUNDARY OF LOT 2,BLOCK 6 "MAP QF THE
TOWN OF HALLANDALE" IN SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI/DADE COUNTY, FLORIDA ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK B, PAGE 13 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY,FLORIDA A DISTANCE OF 50.71 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PORTION OF TRACTS A, B AND C, "DONN ACRES", ACCORDING TO THE PLAT
THEREOF,AS RECORDED IN PLAT BOOK 76,AT PAGE 30,OF THE PUBLIC RECORDS
OF MIAMI/DADE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 51 SOUTH,
RANGE 42 EAST;THENCE RUN SOUTH 01°59'03" EAST,ALONG THE EASTERLY LINE
OF SAID SECTION 34, FOR 659.14 FEET; THENCE RUN SOUTH 88°00'57" WEST FOR
40.00 FEET; THENCE RUN SOUTH 01°59'03" EAST FOR 50.00 FEET; THENCE RUN
SOUTH 88°26'03"WEST FOR 1953.55 FEET TO A POINT;SAID POINT BEARING SOUTH
72°44'41" EAST FROM THE CENTER OF THE NEXT DESCRIBED CURVE; THENCE
RUN SOUTHWESTERLY,ALONG A CIRCULAR CURVE TO THE RIGHT HAVING FOR
ITS ELEMENTS A CENTRAL ANGLE OF 05°27'59" AND A RADIUS OF 4752.05 FEET,
FOR AN ARC DISTANCE OF 453.38 FEET TO A POINT OF TANGENCY; THENCE RUN
SOUTH 22°43'18" WEST FOR 574.92 FEET; THENCE RUN SOUTH 88°12'28" WEST FOR
265.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88°12'28"
WEST FOR 634.70 FEET; THENCE RUN NORTH 02°37'40" WEST FOR 25.00 FEET;
THENCE RUN NORTH 88°12'28" EAST FOR 634.57 FEET; THENCE RUN SOUTH
02°55'32"EAST FOR 25.00 FEET TO THE POINT OF BEGINNING.
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7 Synagogue Office 1.7455F gam-spm i • • • • • 6 P 1P5/300SF 6P5
E. Women's Class 90 SEATS llam-12pm • 23 PS 1PS/4SEATS 23 PS
r-- Women's Lunch 90 SEATS 120m-1pm 23 PS 1 PS/4 SEATS 23 PS Gd bo,/
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Adult Education 90 SEATS Bpm-10pm • • •1 23 P5 1PS/4 SEATS 23 P5 m p; .,,, •i.,1
S' Mikvah 1D USERS Bpm-10pm . •• ^.•_ .• ._ • ! 10 PS 1PS/USER LOPS u.o—�r, t
IPrc-School 4329 SF gam-3pm _ 11 PS 1P5/4005F 11 PS 11 X `o ai
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CFN:20170151671 BOOK 30460 PAGE 4872
DATE:03/20/2017 08:14:11 AM
HARVEY RUVIN.CLERK OF COURT,MIA-DADE CTY
This instrument prepared by:
Kerry K.Rosenthal,Esq.
Rosenthal,Rosenthal Rasco LLC
20900 NE 30 Avenue,Suite 600
Aventura,Florida 33180
After recording return to:
City of Aventura
Community Development Department
19200 West Country Club Drive
Ayentura,FL 33180
Property Identification No(s): 28-1234-019-0015,
28-1234-019-0010,28-1234-019-0020,28-1234-019-0030,
28-1234-01970040,28-1234-019-0050,28-1234-019-0060,
28-1234-019-0070,28-1234-019-0080,28-1234-019-0090,
28-1234-0190091
DECLARATION OF RESTRICTIVE CQVENANT
IN LIEU OF UNITY OF TITLE
KNOW ALL BY THESE PRESENTS that the undersigned, Chabad House of North
Dade,Inc., a Florida not-for-profit corporation ("CHABAD"), with its principal address at.
21001 Biscayne Boulevard, Aventura, Florida 33180, this 14, day of.,,,,..&1t. . 2017,
hereby makes,declares and imposes on the land herein:described, this Declaration of Restrictive
Covenant in Lieu of Unity of Title (the "Covenant"), which shall be binding on CHABAD, all
heirs, grantees, successors and assigns, future. owners, persona) representatives, mortgagees,
lessees,and against all persons claiming by,throuLhor under them.;
WHEREAS, CHABAD holds fee simple title to certain property located at 21001
Biscayne Boulevard, Aventura. Florida, Miami-Dade County, Florida, more particularly
described on Exhibit"A"attached hereto and incorporated herein(the"Property");and
WHEREAS, CHABAD intends to develop the Property pursuant to those certain
approvals granted by the City Commission of°the City of Aventura pursuant to Resolution No.
2016-34(the "Resolution");and
WHEREAS, the Property 'will contain an officebuilding containing a ten-story office
building and a four-story religious facility and school with attached five-story parking garage;
and
WHEREAS,the Resolution requires that a unity of title be recorded joining:the various
lots or parcels comprising the Property into one development site;and
WHEREAS, CHABAD may wish to convey portions of the Property from time to time,
and this instrument is executed in order to assure that the development of the Property will not
violate the Resolution;
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CFN: 20170151671 BOOK 30460 PAGE 4873
NOW,THEREFORE, for valuable consideration,the receipt and sufficiency of which are
hereby acknowledged, and in consideration of the approvals on the Property pursuant to the
Resolution, CHABAD hereby agrees as follows:
1. Recitals. The recitals and findings set forth in this Covenant are hereby adopted by
reference thereto and incorporated herein as if fully set forth in this section.
2. Covenant in Lieu of Unity of Title. CHABAD hereby agrees and declares that(i) for the
purposes of determining compliance with the Resolution and this Covenant,the Property
shall be considered as one plot and parcel of land, and (ii)so long as this instrument shall
remain in effect, any and all conveyances or transfers of all or any portion of the Property
by CHABAD, its grantees, successors and assigns, shall be subject to the terms and
conditions of this Covenant as if any such grantee, successor or assign were a party
hereto or a signatory hereof.
3. Covenant Running with the Land. The Covenant shall run with the land and be binding
upon the heirs, successors, personal representatives and assigns, and upon all mortgages
and lessees and others presently or in the future having any interest in the Property.
4. Easements. In the event of multiple ownership of the Property subsequent to the approval
of the Covenant, each of the subsequent owners ("Owner(s)") shall be bound by the
terms, provisions and conditions of this Covenant. CHABAD shall further agree not to
convey portions of the Property to such other parties unless and until CHABAD and such
parties shall have executed and mutually delivered, in recordable form, an instrument to
be known as an"Easement and Operating Agreement"which, if applicable,shall contain:
a. Easements over shared facilities for ingress to and egress from the other parcels;
b. Easements for the benefit of each parcel for the passage and parking of vehicles
within portions of the garage or shared facilities;
c. Easements for access from the parking garage to public roadways;
d. Easements for the installation, use, operation, maintenance, repair, replacement,
relocation or removal of utility facilities in designated areas;
e. Easements of support for all aspects of the structure;
f. Easements for building overhangs, other overhangs and projections encroaching
upon such parcel from adjoining parcels such as, by way of example, marquees,
canopies, lights, lighting devices, awnings, wing walls and the like, as permitted
by the Easement and Operating Agreement;
g. Appropriate reservation of rights to grant easements to utility companies;
h. Appropriate reservation of rights to road rights-of-way and curb cuts;
(14,11124139 1) 2
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1 CFN: 20170151671 BOOK 30460 PAGE 4874
i. Appropriate agreements between the Owners as to the obligation to maintain and
repair all private roadways, parking facilities, common areas and common
facilities and the like.
j. The "Easement and Operating Agreement" shall be recorded by CHABAD or
Owners and a copy furnished to the City Manager of the City of Aventura, and
the Director of the Community Development Department, or their respective
designees or successors.
The easement provisions or portions thereof, may be waived by the City Manager
provided the provisions are not applicable to the Property. When executed, the Easement
Agreement shall not be amended without the prior written approval of the City Manager
and in form approved by the City Attorney. Such Easement Agreement may contain such
other provisions with respect to the operation, maintenance and development of the
Property as to which the parties thereto may agree or the City Manager may require, all to
the end that although the Property may have several Owners, it will be constructed,
conveyed, maintained and operated in accordance with the approved Site Plan and
Resolution and in a coordinated and unified manner.
5. Effective Date and Term of Covenant: The provisions of the Covenant shall become
effective upon their recordation in the Public Records of Miami-Dade County, Florida,
and shall continue in effect for a period of thirty (30) years after the date of such
recordation, after which time they shall be extended automatically for successive periods
of ten(10)years each,unless released or modified,as provided herein.
6. Amendment and Modification: The provisions of this Covenant may be amended and
modified by a written instrument executed by the then Owners of the Property or if any
portion of the Property has been submitted to the condominium form of ownership, then
by the association established to operate the condominium on behalf of all applicable unit
owners, or by a property owners association, as applicable, and provided same is also
approved by the City Manager,and in a form approved by the City Attorney.
7. Release: The provisions of this Covenant may be released in writing by the then Owners
of the Property or if any portion of the Property has been submitted to the condominium
form of ownership, then by the association established to operate the condominium on
behalf of all applicable unit owners, or by a property owners association, as applicable,
and provided same is also approved by the City Manager, and in a form approved by the
City Attorney.
8. Enforcement. Enforcement shall be by action against CHABAD,the then Owners at the
time, or any person violating or attempting to violate any terms or covenants of the
Covenant at the time the violation is committed. The prevailing party to any action or suit
pertaining to or arising out of this Covenant shall be entitled to recover, in addition to costs and
disbursements allowed by law,such attorneys' fees as the Court may adjudge to be reasonable for
the services of his/her attorney. This enforcement provision shall be in addition to any other
(W0426339.1) 3
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CFN:20170151671 BOOK 30460 PAGE 4875
remedies available at law, in equity or both. It is hereby understood and agreed that any
official inspector of the City of Aventura, or its agents duly authorized, may have the
privilege at any time during normal working hours of entering, investigating and
inspecting the Property to determine whether or not CHABAD or the Owners arc
complying with the requirements of the conditions imposed by the Resolution and this
Covenant.
9. Severability: Invalidation of any of the provisions of this Covenant by judgment of court
shall not affect any of the other,provisions,Which shall remain in full force and effect.
10. Recording:This Covenant shall be recorded in the public records of Miami-Dade County
at CI IABAD's expense,within ten(10)days of its acceptance by the City of Aventura. A
certified copy hereof shall be delivered to the City Clerk of the City of Aventura within
thirty(30)•days after recording.
Witnessed by: CHABAD HOUSE OF NORTH DADE,
INC., a Florida .not-for-profit
6.114W "`otcr oration
Printed: '3�;htir& L .u� ..._ ��
...z.. ...,... ..„`` _....„,p...-7.,
, , __ ___ Printed: ;.10;_ - :,moi,(4-1. .
Print . .tier' ',�.> Its: ..� ne..a r
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before .me this i5 day of l (tc L.... ,
2017 byAe,.,:rye,?^:) '`;: itl t , President of Chabad House of North Dade, Inc.,a Florida
not-for-profit corporation. He is personally known to me or presented fi i xg,,.aa9 isnt.w., as
identification and who did not take an oath.
Notary Public,State of Florida
NOTARY SEAL STAMP !
Tf tAftisw14 t-oRterivsi _..
Print Name
i.
z. kimittrtra F,kmAt, ,,t Not9ry Pii#:i,C•SiR3e Gt ftcrltla. I My hymen.txpuya Aug 29.2017� Y' ....
,.,,,,,9an,„„,„„...#.01...v3 o
A&kaat NOM,'Ann '
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CFN:20170151671 BOOK 30460 PAGE 4876
APPROVED:
•
City of Aventura, a Florida municipal
corporation
By:
Eric M.Soroka,City Manager
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY: ./
City Attorney
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CFN:20170151671 BOOK 30460 PAGE 4877
•
APPROVED:
City of' Aventura, a Florida municipal
corporation
By: ... '
Eric M..Soroka City M ager
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
City Attorney .._._._..._.._....._.�...._..
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• CFN: 20170151671 BOOK 30460 PAGE 4878
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
ALL OF BLOCK 1 OF "HALLANDALE PARK NO. 11", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 39 OF THE PUBLIC RECORDS OF
MIAMI/DADE COUNTY,FLORIDA.
TOGETHER WITH:
A PORTION OF THAT 25.00 FOOT WIDE STRIP OF LAND FORMERLY KNOWN AS
HARVARD AVENUE (PRESENTLY DESIGNATED AS N.E. 29TH AVENUE)AS SHOWN
ON PLAT ENTITLED "HALLANDALE PARK NO. II" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 39 OF THE PUBLIC RECORDS OF
MIAMI/DADE COUNTY, FLORIDA LYING NORTHERLY AT THE NORTH RIGHT-OF-
WAY BOUNDARY OF N.E. 210TH STREET FORMERLY KNOWN AS MONTCLAIR
WAY AS SHOWN ON SAID PLAT ENTITLED "HALLANDALE PARK NO. 11" SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI/DADE COUNTY, FLORIDA. SAID POINT ALSO BEING THE WESTERLY
CORNER OF TRACT 'N, "DONN ACRES" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA; THENCE RUN NORTH 89°46'30" EAST ALONG THE NORTH
BOUNDARY OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 34, BEING ALSO ALONG THE
WESTERLY PROJECTION OF THE NORTH BOUNDARY OF LOT 11,BLOCK 1 OF SAID
"HALLANDALE PARK NO. 11" A DISTANCE OF 25.00 FEET TO THE NORTHWEST
CORNER OF SAID LOT 11; THENCE RUN SOUTH 01°03'38" EAST ALONG THE WEST
BOUNDARY OF SAID LOT 11, A DISTANCE OF 31.38 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING FOR ITS
ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89°11'52";THENCE
RUN SOUTHEASTWARDLY, EASTWARDLY AND NORTHEASTWARDLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 38.92 FEET TO THE POINT OF TANGENCY;
THENCE RUN SOUTH 89°44'30" WEST ALONG THE WESTERLY PROJECTION OF THE
SOUTH BOUNDARY OF SAID LOT 11 A DISTANCE OF 38.06 FEET TO A POINT OF
DEFLECTION; THENCE RUN NORTH 65°41'00" WEST ALONG A LINE THAT IS
PERPENDICULAR SOUTHEASTERLY RIGHT-OF-WAY BOUNDARY OF FEDERAL
HIGHWAY (ALSO KNOWN AS U.S. #1, ALSO KNOWN AS STATE RD. 115) AS SHOWN
ON RIGHT-OF-WAY MAP AS RECORDED IN PLAT BOOK 34, PAGE 54A, OF THE
PUBLIC RECORDS OF MIAMI/DADE COUNTY,FLORIDA, A DISTANCE OF 12.83 FEET
TO THE POINT OF INTERSECTION WITH THE WEST BOUNDARY OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
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• CFN: 20170151671 BOOK 30460 PAGE 4879
SECTION 34; THENCE RUN NORTH 01°03'38" WEST ALONG THE LAST DESCRIBED
LINE BEING ALSO ALONG THE EAST BOUNDARY OF LOT 2,BLOCK 6 "MAP OF THE
TOWN OF HALLANDALE" IN SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI/DADE COUNTY, FLORIDA ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK B,PAGE 13 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY,FLORIDA A DISTANCE OF 50.71 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH: .
A PORTION OF TRACTS A, B AND C, "DONN ACRES", ACCORDING TO THE PLAT
THEREOF,AS RECORDED IN PLAT BOOK 76,AT PAGE 30,OF THE PUBLIC RECORDS
OF MIAMI/DADE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 34,TOWNSHIP 51 SOUTH,
RANGE 42 EAST;THENCE RUN SOUTH 01°59'03"EAST,ALONG THE EASTERLY LINE
OF SAID SECTION 34, FOR 659.14 FEET; THENCE RUN SOUTH 88°00'57" WEST FOR
40.00 FEET; THENCE RUN SOUTH 01°59'03" EAST FOR 50.00 FEET; THENCE RUN
SOUTH 88°26'03"WEST FOR 1953.55 FEET TOA POINT; SAID POINT BEARING SOUTH
72°44'41" EAST FROM THE CENTER OF THE NEXT DESCRIBED CURVE; THENCE
RUN SOUTHWESTERLY,ALONG A CIRCULAR CURVE TO THE RIGHT HAVING FOR
ITS ELEMENTS A CENTRAL ANGLE OF 05°27'59" AND A RADIUS OF 4752.05 FEET,
FOR AN ARC DISTANCE OF 453.38 FEET TO A POINT OF TANGENCY;THENCE RUN
SOUTH 22°43'18" WEST FOR 574.92 FEET; THENCE RUN SOUTH 88°1228" WEST FOR
265.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88°12'28"
WEST FOR 634.70 FEET; THENCE RUN NORTH 02°37'40" WEST FOR 25.00 FEET;
THENCE RUN NORTH 88°12'28" EAST FOR 634.57 FEET; THENCE RUN SOUTH
02°55'32"EAST FOR 25.00 FEET TO THE POINT OF BEGINNING.
MWouass.0 7
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STATE OF FLORIDA,COUNTY OF DADE ptNCO0 )
I HEREBY CERTIFY that the foregoing Is a true and J� `u"
ocorchp oL e original on file In is ¢�' �,
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HARVEY RUVIN.CLERK,
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Deputy Clerk 7 . .F�pe��
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: Ellisa L. Horvath, MMC, City Cler
THROUGH: Eric M. Soroka, ICMA-CM, City ag
FROM: Joanne Carr, AICP, Commun y D velo ment Direc�or
_de
DATE: April 25, 2017
SUBJECT: Chabad House of North Dade Inc.
Letter of Credit No. 300001154 for $500,000
21000 Biscayne Boulevard
I have attached, for your records, the original signed copy of a Letter of Credit
from Safra National Bank in the amount of $500,000 to guarantee proof of LEED
Gold certification for the above development, as required as a condition of
Administrative Site Plan Approval for the Aventura Chabad/Aventura Two Ten
development.
This Letter of Credit expires on April 21 , 2018 and is automatically extended for 1
year terms unless we receive notification from the Bank 30 days prior to expiry
that they will not further renew.
•
Safra National Bank
of New York
DATE:4/21/2017 OUR STANDBY L/C REF.NO.: 300001 154
APPLICANT: BENEFICIARY:
CORPTRU LTC CITY OF AVENTURA
ON BEHALF OF 19200 W. COUNTRY CLUB DR.
CHABAD HOUSE OF NORTH DADE, INC. AVENTURA FL 33180
LEVEL 3, 18 STANLEY STREET
AUCKLAND 1010 NEW ZEALAND
LC AMOUNT:USD 500,000.00
DATE AND PLACE OF EXPIRY: 4/21/2018, SUBJECT TO AUTOMATIC RENEWAL PURSUANT TO THE
TERMS AND CONDITIONS BELOW(THE"EXPIRATION DATE"),OUR COUNTER LOCATED AT 546
FIFTH AVEUNE,NEW YORK,NY 10036 ATTN: LETTER OF CREDIT DEPARTMENT.
GENTLEMEN:
WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 300001 154 BY ORDER OF
CORPTRU LTC LEVEL 3, 18 STANLEY STREET AUCKLAND 1010 NEW ZEALAND FOR THE ACCOUNT
OF CHABAD HOUSE OF NORTH DADE INC. 21001 BISCAYNE BLVD. AVENTURA FL. 33180 IN FAVOR
OF CITY OF AVENTURA 19200 W. COUNTRY CLUB DR. AVENTURA FL. 33180 (BENEFICIARY) FOR
AN AMOUNT NOT TO EXCEED USD 500,000.00(FIVE HUNDRED THOUSAND US DOLLARS) EXPIRING
AT OUR COUNTERS ON APRIL 21, 2018, UNLESS RENEWED PURSUANT TO THE TERMS AND
CONDITIONS BELOW,COVERING THE CITY PERFORMANCE BOND FOR THE CONSTRUCTION.
FUNDS UNER THIS STANDBY LETTER OF CREDIT ARE AVAILABLE TO YOU AGAINST
PRESENTATION OF YOUR SIGHT DRAFT DRAWN ON US MARKED "DRAWN UNDER IRREVOCABLE
STANDBY LETTER OF CREDIT NO. 300001154 DATED APRIL 21, 2017" AND THE FOLLOWING
DOCUMENT(S):
(1) A CERTIFICATE PURPORTEDLY SIGNED BY THE DIRECTOR OF COMMUNITY
DEVELOPMENT OF THE CITY OF AVENTURA, STATING "WE REFER TO YOUR
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 300001154. CHABAD HOUSE OF NORTH
DADE, INC. HAS FAILED TO PROVIDE BENEFICIARY WITH PROOF OF LEED GOLD CORE
AND SHELL CERTIFICATION ISSUED BY THE U.S. GREEN BUILDING COUNCIL ("LEED
CERTIFICIATION") WITHIN 365 DAYS OF THE ISSUANCE OF A CERTFICATE OF OCCUPANCY
ISSUED BY THE BENEFICIARY TO CHABAD HOUSE OF NORTH DADE, INC., UPON
COMPLETION OF THE SITE DEVELOPING APPROVED IN RESOLUTION NUMBER 2016-34. WE
HEREBY DEMAND PAYMENT OF USD 500,000.00."
(2) THE ORIGINAL OF THIS STANDBY LETTER OF CREDIT AND ANY SUBSEQUENT
AMENDMENT(S).
PARTIAL AND MULTIPLE DRAWINGS ARE NOT PERMITTED.
IT IS A CONDITION OF THIS STANDBY LETTER OF CREDIT THAT IT SHALL BE DEEMED
AUTOMATICALLY EXTENDED WITHOUT AMENDMENT, FOR ONE YEAR FROM THE EXPIRATION
DATE HEREOF,AND EACH FUTURE EXPIRATION DATE UNLESS AT LEAST THIRTY(30)DAYS PRIOR
TO ANY EXPIRATION DATE WE NOTIFY YOU IN WRITING BY NATIONALLY RECOGNIZED
OVERNIGHT COURIER OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED THAT WE ELECT NOT
TO RENEW THIS STANDBY LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD(S).
546 Fifth Avenue New York, NY 10036 (212) 704-5500
IMPORTANT INFORMATION ON THE BACK
Safra National Bank
of New York
IN THE EVENT THAT THE BENEFICIARY RECEIVES A NOTICE OF NON-RENEWAL, AND A
SUBSTITUTE FORM OF SECURITY IS NOT RECEIVED AND ACCEPTED BY THE BENEFICIARY AT
LEAST TWENTY(20) DAYS PRIOR TO THE EXPIRATION DATE,THE BENEFICIARY SHALL HAVE THE
RIGHT TO DRAW ON THIS IRREVOCABLE STANDBY LETTER OF CREDIT AS IF THERE HAS BEEN A
DEFAULT BY THE CHABAD HOUSE OF NORTH DADE, INC.AND THE PROVISIONS HEREIN SHALL
APPLY.
SAFRA NATIONAL BANK OF NEW YORK HAS NO OBLIGATION OR RIGHT TO INQUIRE INTO THE
CORRECTNESS OF ANY HEREIN DESCRIBED STATEMENT.
WE HEREBY AGREE THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH TERMS OF
THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL BE DULY HONORED BY US WHEN
PRESENTED WITH THE DOCUMENTS SPECIFIED ABOVE AND PRESENTED TO US ON OR BEFORE
THE EXPIRATION DATE SPECIFIED ABOVE.
ALL DRAFTS MUST BE MARKED DRAWN UNDER SAFRA NATIONAL BANK OF NEW YORK,
IRREVOCABLE STANDBY LETTER OF CREDIT NO.300001154 DATED APRIL 21,2017.
ALL DRAWINGS UNDER THIS IRREVOCABLE STANDBY LETTER OF CREDIT MUST BE
ACCOMPANIED BY THE ORIGINAL OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT AND ALL
AMENDMENTS THERETO, IF ANY.
THIS IRREVOCABLE STANDBY LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY
PRACTICES 1998("ISP98"),INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 590
VERY TRULY YOURS,
SAFRA NIONAL BANK OF NEW YORK
011
AUTHORI ' S •TU; AUTHORIZE$ SI N•TURE
MAY U Cou ey Walker
VICE PR' SIDENT Seni,-rVice President
Deputy Chief Credit Officer
SAFRA NATIONAL BANK OF N.Y.
546 Fifth Avenue New York, NY 10036 (212) 704-5500
IMPORTANT INFORMATION ON THE BACK