Resolution No. 2022-58 Approving Amended Declaration of Restrictions (2751 NE 183 St. and 2777 NE 183 St.) - September 13, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-58
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, APPROVING
AN AMENDMENT TO THE DECLARATION OF RESTRICTIONS
RELATED TO THE PROPERTIES LOCATED AT 2751 N.E. 183RD
STREET AND 2777 N.E. 183RD STREET TO REMOVE THE LEASE
RESTRICTION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Imperial Owner owns the property located at 2751 N.E. 183rd Street
in the City of Aventura (the "City") that is improved with a fourteen-story senior living
facility known as the Imperial Club (the "Imperial Club"); and
WHEREAS, Sterling Owner owns the property located at 2777 N.E. 183rd Street
in the City that is improved with an eight-story assisted living facility known as the Sterling
(the "Sterling"); and
WHEREAS, in connection with obtaining certain development approvals from
Miami-Dade County (prior to incorporation of the City) with respect to the development of
the Imperial Club and the Sterling, the predecessors in title of such properties executed
a Declaration of Restrictions, dated November 16, 1990, recorded on January 23, 1991 ,
in Official Records Book 14867, Page 1252 of the Public Records of Miami-Dade County
(the "Declaration"); and
WHEREAS, the Imperial Club and the Sterling comprise the property subject to
the Declaration, as legally described in Exhibit A to the Declaration; and
WHEREAS, paragraph four (4) of the Declaration prohibits the owner of either the
Imperial Club or the Sterling from leasing units at their respective properties to tenants
that receive federal rent subsidies; and
WHEREAS, the Parties desire to amend the Declaration by deleting paragraph
four (4), as provided in the Amendment attached as Exhibit "A;" and
WHEREAS, the City Commission finds that the Amendment is in the best interest
of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the foregoing "WHEREAS" clauses are
ratified and confirmed as being true and correct and are made a specific part of this
Resolution.
Section 2. Approval of the Amendment. That the Amendment to the
Declaration, in substantially the form attached as Exhibit A, is hereby approved.
Section 3. Implementation. That the City Manager or designee is authorized
to take any action necessary to implement the Agreement and the purposes of this
Resolution.
City of Aventura Resolution No. 2022-58
Section 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
The foregoing Resolution was offered by Commissioner Narotsky, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a
vote, the vote was as follows:
Commissioner Rachel S. Friedland Absent
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Absent
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 13th day of September, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVAT , IVIMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
! /-# 41 '�
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 13th day of September, 2022.
CITY CLERK
Page 2 of 2
This Instrument was prepared by,
and when recorded should be
returned to:
Robert Cheng, Esq.
Shutts & Bowen LLP
200 South Biscayne Boulevard
Suite 4100
Miami, Florida 33131
AMENDMENT TO DECLARATION OF RESTRICTIONS
This Amendment to Declaration of Restrictions (this "Amendment") is entered into
effective as of , 2022 (the "Effective Date"), between Imperial Club L.P., a
Florida limited partnership ("Imperial Owner"), and BRE ROOK SH Sterling Aventura, LLC, a
Delaware limited liability company ("Sterling Owner," and together with Imperial Owner, the
"Parties"), and amends that certain Declaration of Restrictions dated as of November 16, 1990,
recorded on January 23, 1991, in Official Records Book 14867, Page 1252 of the Public Records
of Miami Dade County (the "Declaration").
RECITALS
WHEREAS, Imperial Owner owns a parcel of real estate with a street address of 2751 N.E.
183rd Street, Aventura, Florida, that is improved with a fourteen story, a senior's living facility
known as The Imperial Club ("The Imperial Club");
WHEREAS, Sterling Owner owns a parcel of real estate with a street address of 2777 N.E.
183rd Street, Aventura, Florida, that is improved with an eight story, an assisted living facility
known as The Sterling ("The Sterling");
WHEREAS, in connection with obtaining certain development approvals from Miami-
Dade County (prior to incorporation of the City of Aventura ("City")) with respect to the
development of The Imperial Club and The Sterling, the predecessors in title of such properties
executed the Declaration;
WHEREAS, The Imperial Club and The Sterling comprise the property subject to the
Declaration, as legally described in Exhibit A to the Declaration;
WHEREAS, paragraph four (4) of the Declaration prohibits the owner of either the
Imperial Club or The Sterling from leasing units at their respective properties to tenants that
receive federal rent subsidies;
WHEREAS, the Parties desire to delete paragraph four (4) from the Declaration;
WHEREAS, while the terms of the Declaration require that any amendment be approved
by the"Zoning Appeals Board or the Board of County Commissioners,whichever has jurisdiction,
after public hearing", the Parties and the City recognize that because the property subject to the
MIADOCS 24825871 1
Declaration is now within the jurisdiction of the City, particularly with respect to land use and
zoning matters, the City possesses the authority to approve an amendment to the Declaration
subject to a public hearing before its governing body; and
WHEREAS, the Parties and the City desire to delete paragraph four (4) from the
Declaration, and to leave the remainder of the Declaration unmodified.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
undertakings contained herein, and other good and valuable consideration, each to the other
provided,the receipt, adequacy and sufficiency of which is hereby acknowledged,the Parties agree
as follows:
Section 1. Deletion of Paragraph 4 . The Parties agree to delete paragraph four(4) of
the Declaration in its entirety from the Declaration. The remainder of the Declaration shall remain
unmodified by this Agreement.
Section 2. Recording. Any Party is authorized to record this Amendment in the Public
Records of Miami Dade County.
[Signatures appear on the following pages]
2
MIADOCS 24825871 1
Executed as of the date first set forth above.
WITNESSES: STERLING OWNER:
BRE ROOK SH Sterling Aventura, LLC,
a Delaware limited liability company,
By:
Print Name: Name:
Title:
Print Name:
STATE OF FLORIDA )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this of 2022, by
means of physical presence or online notarization by , as
of BRE ROOK SH Sterling Aventura, LLC, a Delaware limited liability
company, on behalf of the corporation and partnership. He/She (_) is personally known to me or
(� has produced a driver's license as identification.
NOTARY PUBLIC, State of
Print Name:
My Commission expires:
Serial No.:
[Signatures Continue on Following Page]
Signature page to Amendment to Declaration
MIADOCS 24825871 1
Executed as of the date first set forth above.
WITNESSES: IMPERIAL CLUB OWNER:
IMPERIAL CLUB L.P., a Florida limited
partnership
By: First Baptist Housing of Bridgeport, Inc., a
Connecticut not-for-profit corporation
Print Name:
By:
Print Name: Name:
Title:
STATE OF FLORIDA )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this of 2022, by
means of physical presence or online notarization by , as
of First Baptist Housing of Bridgeport, Inc., a Connecticut not-for-
profit corporation, the general partner of Imperial Club L.P., a Florida limited partnership, on
behalf of the corporation and the partnership. He(j is personally known to me or(_)has produced
a driver's license as identification.
NOTARY PUBLIC, State of
Print Name:
My Commission expires:
Serial No.:
Signature page to Amendment to Declaration
MIADOCS 24825871 1
ACKNOWLEDGMENT BY THE CITY OF AVENTURA
The City of Aventura ("City") acknowledges that the foregoing Amendment was validly
approved by the City Commission after a public hearing, and has the effect of deleting paragraph
four (4) from the Declaration of Restrictions recorded on January 23, 1991, in Official Records
Book 14867, Page 1252 of the Public Records of Miami Dade County.
WITNESS my hand and official seal in the county and state named above this day of
, 2022.
Approved:
By:
Title:
Approved as to Legal Form and Correctness:
By:
Title: City Attorney
Signature page to Amendment to Declaration
MIADOCS 24825871 1
ATTACHMENT 2
ahufts
August 4, 2022
VIA E-MAIL
Keven Klopp
Development Services Director,
City of Aventura
kloppkgcityofaventura.com
Re: Imperial Club—Discrimination in Housing on the Basis of Source of Income
Dear Keven,
We represent Imperial Club SLP,LLC ("Purchaser'),whose sole member is Darren Smith,
President of Smith & Henzy Affordable Group. Purchaser is under contract to purchase from
Imperial Club, L.P. the property known as the Imperial Club, located at 2751 NE 183rd Street,
Aventura, Florida, which offers independent and assisted living options for seniors within the City
of Aventura ("Ci1y"). Upon closing, Purchaser intends to conduct an approximately $7,760,000
rehabilitation of the Imperial Club and operate it as an affordable seniors independent living
facility. Purchaser's intended financing sources include the Low-Income Housing Tax Credit and
Multifamily Mortgage Revenue Bond programs administered by the Florida Housing Finance
Corporation, as well as the Project-Based Voucher Program administered by Miami-Dade County
("County") Public Housing and Community Development.
It has come to our attention that there is a restriction contained in a recorded Declaration
of Restrictions (the "Declaration," a copy of which is attached hereto as Exhibit A) that has the
effect of discriminating against prospective tenants of the Imperial Club (and the neighboring
senior living facility, The Sterling Aventura) on the basis of their source of income. Specifically,
paragraph 4 of the Declaration (the "Subject Restriction") states: "No prospective resident of the
(1) housing for elderly, (2) adult congregate living facility, or(3)nursing home who shall receive
federal subsidies for housing assistance will be permitted to occupy any unit." For the reasons set
forth in this letter, and the letter attached hereto as Exhibit B from Miami-Dade County's
Commission on Human Rights' Director, Erin New, we respectfully request that the City include
as an agenda item before the appropriate City board or council an approval of an amendment to
the Declaration deleting the Subject Restriction,with a favorable recommendation from Staff.
Laws and private restrictions that permit discrimination in the housing market based on
source of income have come under attack nationally as "a form of modern-day redlining." (See,
for example, An Illusion of Choice: How Source of Income Discrimination and Voucher Policies
Perpetuate Housing Inequality, Februar0). For this reason, Miami-Dade County expressly
outlawed this practice by enacting a Human Rights Ordinance, making it unlawful to
MIADOCS 24665025 2
Page 2 of 2
discriminate against any person seeking housing in the County on the basis of their source
of income. See Chapter 11A, Miami-Dade County Code of Ordinances. "Source of income" is
defined to mean"the lawful, verifiable income paid directly to a tenant or paid to a representative
of a tenant, including, but not limited to, Section 8 Housing Choice Vouchers..." (§I IA-2). As
confirmed in the attached letter from the Director of the County's Commission on Human Rights,
the Ordinance "is applicable in both the incorporated and unincorporated areas of Miami-
Dade County,Florida." (§I IA-50).
To be clear, the City was not involved in the imposition of the Subject Restriction. The
Declaration was executed in connection with certain local development approvals obtained from
Miami-Dade County (prior to incorporation of the City) by a predecessor owner of the property
upon which the Imperial Club and The Sterling Aventura now sit. The terms of the Declaration
require that any amendment be approved by the "Zoning Appeals Board or the Board of County
Commissioners, whichever has jurisdiction, after public hearing." As you have recognized,
however,because the property subject to the Declaration is now within the jurisdiction of the City,
the City steps into the shoes of the County and possesses authority to approve an amendment to
the Declaration.
Finally, and critically, the removal of the Subject Restriction will unlock a capital
improvement program in the approximate amount of $7,760,000, designed to enhance the look
and feel of the Imperial Club for the benefit of its residents, neighbors, and the City as a whole.
Please do not hesitate to contact me should you wish to discuss this further.
Sincerely,
SHUTTS & BOWEN LLP
/s/Mark E. Grafton. Esq.
Encl.
Cc: Darren Smith (DSmithgSmithhenzom)
Robert Cheng, Esq. (RChenggshutts.com)
James Carmichael (James.Carmichael(c�r�,ST-Residential.com)
Mickey Marrero, Esq. (MMarrero(c�r�,brzoninglaw.com)
MIADOCS 24665025 2
Exhib it A
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1991 A. 23 AH & 52 91R022535
OrF AEC. 1486741252
DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
being the owners, or having some right, title or interest in the
following described property (the "Property"), lying, being and
situated in Dade County, Florida to wit:
SEE ATTACHED EXHIBIT "A"
In order to assure Dade County, Florida, that the
representations made to it by the undersigned during
consideration of Public Hearing Application Number 89-251 will be
abided by, voluntarily makes the following Declaration of
Restrictions covering and running with the Property:
(1) Specification of Site Plans. The said property
shall be developed substantially in accordance with the spirit
and intent of the plans previously submitted, prepared by Shaymon
6 Salk Company, Architects, entitled "Imperial Club", consisting
of 7 pages of site plans, floor plans and elevation drawings,
last revised June 11, 1990, and also a landscape plan prepared by
O'Leary Design Assoc. consisting of 1 page and dated 1-4-90, said
plans being on file with the Dade County Building and Zoning
Department, and by reference made a part of this Declaration.
(2) Limitations on Uses. The use of the Property
shall be restricted to (1) housing for the elderly; (2) adult
congregate living facility; and (3) nursing home. For purposes
of this Declaration "housing for the elderly" shall be defined as
Prepared By:
Eileen Ball Mehta
Fine Jacobson Schwartz Nash Block England
100 S.E. 2nd Street
Miami, Florida 33131
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housing which is occupied exclusively by persons 62 years of age
or older.
(3) Limitations on Beds. No more than one bed shall
be permitted in each bedroom. This limitation shall not apply to
individual units occupied by husband and wife or by two related
persons by blood, marriage and consenguity, but in no event will
more than two individuals occupy any unit.
(4) Eligibility. No prospective resident of the (1)
housing for the elderly, (2) adult congregate living facility, or
(3) nursing home who shall receive federal subsidies for housing
assistance will be permitted to occupy any unit.
(5) Notice. Owners hereby agree to the following:
5. 1 At the time of entering into leases with
residents and hiring of employees the Owners will notify them
that the primary entrance to the Property will be Northeast 186
Street and not Northeast 183 Street (the "Entrance Information") .
5.2 The Entrance Information will be continuously
disseminated through inter-company memos, fliers, brochures and
the like.
5.3 Place signs throughout the Property reminding
residents, employees, guests, vendors and construction traffic
that access to the Property shall be as set forth in the Entrance
Information. The signs shall comply with the applicable
provisions of the Code of Metropolitan Dade County, Florida and
shall direct all residents, employees, guests, vendors, and
construction traffic to access the property at N.E. 186th Street.
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5.4 During all phases of construction, all
construction vehicles will be directed to enter and exit the
subject Property from N.E. 186th Street only.
5.5 Owners and/or Owners, representative agree to
meet with members of the Admirals Port Condominium Association,
Inc. and Commodore Plaza Condominium Association, Inc. (the
"Associations" to discuss issues related to the Property
including but not limited to access to the Property.
5.6 Owners existing security patrol will include
in his patrol, the Century Building at 2780 N.E. 183rd Street and
Owner will provide prior to the issuance of a building permit for
the installation of two security cameras in the Commodore Plaza
Security System.
5.7 The agreements contained in this paragraph 5
of the Declaration of Restrictions are made for the benefit of
Admirals Port Condominium Association, Inc. and Commodore Plaza
Condominium Association, Inc. and shall be enforceable by the
Associations by binding arbitration or by judicial proceedings.
Enforcement of the provisions of this paragraph 5 shall not be
the responsibility of Dade County. In the event that either N.E.
183rd and/or N.E. 186 Street is dedicated to Dade County, this
provision may be enforced by Dade County.
(6) Inspections. The Owners agree that any official
inspector of the County Building and Zoning Department, or its
agents duly authorized, may have the privilege at any time during
normal working hours of entering and investigating the use of the
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Property to determine whether or not the requirements of the
building and zoning regulations and the conditions in this
Declaration are being complied with. The Owners further agree
that the Director of the Building and Zoning Department may, from
time to time, make inquiry regarding the occupancy of the
Property, and the Owners shall furnish documents reflecting the
number of residents within the facility in response to such
inquiry. Within 12 months following receipt of documentation
indicating that a 75% level of occupancy has been achieved, and
again within 12 months following receipt of documentation
indicating that a 90% level of occupancy has been achieved, the
Director of the Building and Zoning Department may, in his
discretion, cause a reinspection of the Property to determine
whether the parking provided on the Property is adequate to serve
the parking needs of the Facility. Should the Director of the
Building and zoning Department determine that the parking is
inadequate, the Director and the Owners shall attempt to reach an
agreement whereby the Owners shall either provide additional
parking or shall reduce the number of residents to a number which
will not cause an over-utilization of existing parking
facilities. In the absence of such an agreement between the
Director and the Owners, the Director may file an application
with the Zoning Appeals Board seeking a modification of the
non-use variance of parking requirements and requiring the Owners
to provide additional parking for the Property or reduce the
number of residents. In the event that the Director files such
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an application, the Owners agree that they shall not cause the
number of residents to be increased during the pendency of the
application. This provision shall not be deemed to preclude the
Director from utilizing all the powers prescribed in Chapter 33
of the Code.
(7) Term of Declaration. The provisions of this
instrument shall become effective upon their recordation in the
public records of 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 automa-
tically for successive periods of ten (10) years, each, unless an
instrument in writing signed by a majority of the then owners of
the Property and Dade County has been recorded agreeing to change
or release the covenants in whole, or in part.
(9) Modification. The provisions of this instrument
may be amended, added to, derogated, deleted, modified, or
changed from time to time by a recorded instrument executed by
the then owner or a majority of the owners of all of the
Property, provided that such modification, amendment, or release
is also approved by the Zoning Appeals Board or the Board of
County Commissioners, whichever has jurisdiction, after public
hearing.
Should this Declaration be so modified, amended, or
released, the Director of Metropolitan Dade County Building and
Zoning Department, or his successor, shall forthwith execute a
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written instrument effectuating and acknowledging such
modification, amendment, or release.
(9) Enforcement. Enforcement shall be by action at
law or in equity against any parties or persons violating or
attempting to violate any covenants, either to restrain violation
or to recover damages. The prevailing party in the action or
suit 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.
(10) Presumption of Compliance. When construction has
occurred on the Property or on any portion of the Property
pursuant to a lawful permit issued by Dade County, and inspec-
tions made and approval of occupancy granted by Dade County, then
such construction, inspections, and approval shall create a
presumption that the buildings or structures thus constructed
comply with the intent and spirit of this Declaration.
(11) Authorization to Withhold Permits and Inspections.
In the event payments and or improvements are not made as
promised, in addition to any other remedies available the Dade
County Building and Zoning Department is hereby authorized to
withhold any further permits and refuse any inspections or grant
any approvals, until such time this Declaration is complied with.
(12) Covenant Running With Land. 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
public welfare. This Declaration on the part of the owner shall
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constitute a covenant running with the land and may be recorded
in the public records of Dade County, Florida and shall remain in
full force and effect and be binding upon the undersigned, and
their heirs, successors and assigns until such time as the same
is modified and or released. Any references in this Declaration
to the undersigned shall include the undersigned's heirs,
successors and assigns, as applicable.
(13) Severability. Invalidation of any of these
covenants, by judgment or court, in no way shall affect any of
the other provisions of this instrument, which shall remain in
full force and effect.
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Signed, sealed, executed and acknowledged on this 16th
day of November , 1990, at Chicago , Illinois
Witnesses: PORT NATA ASSOCIATES,
LIME D PART R IP
By:
/ enera ner
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STATE OF ILLINOIS )
ss
COUNTY OF COOK )
I, an officer authorized to take acknowledgments,
according to the laws of the State of Illinoisduly qualified and
acting, do hereby certify that on this date appeared before me
Rudolph Tessler a general partner in Port Sonata Associates,
Limited Partnership to me personally known, who acknowledged the
foregoing instrument for the purposes therein contained, and had
acknowledged that he was authorized to execute said instrument as
the act and deed of the partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal at this le id day of 1990.
OFFICIAL SEAL
SAIORA 1. BAII ^
NOTARY PUBLIC STATE OF IWNOIS U/t/ICY Eli— ��L
MT COMMISSION EIP. MAY 31.1"1 Notary Public
My Commission Expires:
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EXHIBIT "A"
Tract "A" of Port William subdivision, according to the
Plat thereof, as recorded in Plat Book 127, at Page 46 of the
Public Records of Dade County, Florida.
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• NEC. 1486741 Z61
JOINDER BY MORTGAGES
The undersigned, TRUSTBANR SAVINGS FSB, a federally-
chartered savings bank, as successor in interest to Dominion
Federal Savings and Loan Association, Mortgagee, under those
certain two mortgages from Port William Limited Partnership, each
dated March 20, 1985 and each recorded on March 28, 1985, one in
Official Records Book 12458 at Page 3322 of the Public Records of
Dade County, Florida and the other in Official Records Book 12460
at Page 14 of the Public Records of Dade County, as modified and
further consolidated by that certain Consolidation, Restatement
and Assumption of First and Second Mortgages dated May 16, 1988
between Port William Limited Partnership, Port Sonata Associates
Limited Partnership and Dominion Federal Savings and Loan
Association recorded on May 18, 1989 in Official Records Book
13684 at Page 25 of the Public Records of Dade County, Florida,
securing a consolidated indebtedness in the amount of
$15,567,682.81 covering the property described in the foregoing
agreement, does hereby acknowledge that the terms of the
agreement are and shall be binding upon the undersigned and its
successors in title.
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IN WITNESS WHEREOF, these presents have been executed
this 21st day of November 1990.
TRUSTBANK SAV_UIQS FSB
By:
Its:
mTCPA71, T)T'VT,T11
Signed and Sealed in the
.PreseNce of:
wit S
Witness
STATE OF VTRCTN1TA )
Ss
CnijVTr' nF r'r,IRFA`C )
The foregoing instrument was acknowledged before me
this 21st day of November , 1990, by 1*ICl'.11T1, OT:VLIM
Vice President of Trustbank Savings FSB, a federally-chartered
savings bank, on behalf of the bank.
�w•`My Commission Expires: t,,•�.Y 11 ••• gyp':
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"rT2r`T1 ANVIF.T T)MIN S' ...........
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RECORDED IN 0")VAL"CC)RM loos
OF DADE COUNTY,FLORIDA.
RECORD VERIFIED
_ Clerk of Circuit&County <
-l a Courts
SC
Exhib it B
Human Resources
MIAMI-DADE Human Rights and Fair Employment Practices
111 NW 1It Street•21It FL
Miami, FL 33128
miamidade.gov T 305-375-2784 F 305-375-2114
August 3, 2022
Sent Via Email: mgrafton(abshutts.com
Mark E. Grafton, Esq.
Shutts & Bowen, LLP
200 South Biscayne Blvd., Suite 4100
Miami, FL 33131
Re: Imperial Club Declaration of Restrictions
Dear Mr. Grafton:
I am in receipt of your letter dated August 2, 2022, in which you request that the Miami-
Dade County Commission on Human Rights ("Commission") issue a statement about
certain information contained in the Imperial Club's Declaration of Restrictions
("Declaration"). Specifically, the Declaration states, in part, "No prospective resident ...
who shall receive federal subsidies for housing assistance will be permitted to occupy any
unit."
As you are aware, the Commission is responsible for enforcement of Chapter 11A of the
Miami-Dade County Code, as amended, ("Chapter 11K), the County's Human Rights
Ordinance, which is applicable in both unincorporated and incorporated Miami-Dade
County. Chapter 11A makes it unlawful for any person, owner, financial institution, real
estate broker, real estate agent or any representative of the above to discriminate
against a prospective buyer, renter, or lessee because of race, color, religion, ancestry,
national origin, age, sex, pregnancy, disability, marital status, familial status, gender
identity, gender expression, sexual orientation, source of income, or actual or perceived
status as a victim of domestic violence, dating violence or stalking. Chapter 11A defines
a person as "one (1) or more natural persons, individuals, employees, employers,
employment agencies, owners, businesses, government, government agencies,
government departments, unions, joint apprenticeship committees, firms,
associations, joint ventures, partnerships, estates, trusts, trustees, trustees in
bankruptcy, legal representative, mutual companies, joint-stock companies, receivers,
syndicates, fiduciaries, corporations, unincorporated organizations, and all other groups
or combinations." Chapter 11A further defines "source of income" as "the lawful, verifiable
income paid directly to a tenant or paid to a representative of a tenant, including, but not
limited to Section 8 Housing Choice Vouchers, Supplemental Security Income, Social
Security, pensions and other retirement benefits."
As such, it is our determination that if the provision of the Declaration described herein
were enforced to prohibit certain tenants from renting in a development based on their
source of income, then any person aggrieved by this unlawful housing practice, or our
office, could initiate a complaint to seek enforcement of Chapter 11A against the person
who violated the law either by filing a complaint with the Commission or filing a private
cause of action.
Please contact me at (305) 375-2784, or via e-mail at erin.new@miamidade.gov, should
you have any questions regarding this matter.
Sincerely,
Erin A. New, Division Director
Commission on Human Rights, Human Rights & Fair Employment
Human Resources Department