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Home My WebLink AboutCovenant (First Reading 6.24.2021 - Obsolete)Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-4116-008-0011, 01-4116-008-0010 / Gy h10� NOTICE This submittal neetic m be scbetleietl fr , a p.bk bearing N accprtlance wbh timelin®eel fpAh In the City of Miami Cotle. The appllca ble tlsision-mahing -, MII reviewthe l nbrmabon at the pubic bearing to rentlera recommentlatlon or a final d.cislon. PZ-19-4416 7�\ 03/22/21 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of February, 2021, by 27TH AVENUE AND CORAL WAY, LLC, , a Florida limited liability company having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 and 27TH AVENUE AND CORAL WAY 2, LLC, a Florida limited liability having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 (collectively, the "Owners"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") WITNESSETH: WHEREAS, Owners holds fee -simple title to certain property in the City of Miami, Florida, located at 2200 SW 27 Avenue and 2222 SW 27 Avenue in Miami, Florida, legally described in Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure and affirm that the Property shall be developed in accordance with the provisions of the Declaration herein. NOTICE Declaration of Restrictive Covenants Thi990°m�i°eetlemla°tletla dtl�ra petl°°°°a"ng N accprtl ante d, timelln®eel fpAh Inthe Ch , Miami C°tle.Theapplicable tlsiei°n-mahlg b d_ Folio No(s): 01-4116-008-0011, 01-4116-008-0010 "e."e°o a"hap°°°°tlea"ng,°a"dare tlatl°n or a final decision. PZ-19-4416 NOW THEREFORE, the Owner, for valuable consideration, the receipt and ` osi22i2 which are hereby acknowledged, voluntarily covenants and agrees that the Property subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use/Restriction: At the time of a Temporary Certificate of Occupancy and prior to the issuance of a new certificate of occupancy, the Owner shall contribute $100,000 to the City of Miami towards right-of-way improvements along along SW 22nd Terrace in the area of the Property. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 2 NOTICE Declaration of Restrictive Covenants kno,,— of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained 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 as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 3 NOTICE d Declaration of Restrictive Covenants Th" mil Ineebamb a°ded°ed�hpnbbe Rearing �praanu wM[, e setr inure eiy pr M ami Crde.Theapplira He sisi°n-maXing bn 11. Folio No(s): 01-4116-008-0011, 01-4116-008-0010 "°aeo m as"bap°b°°°°a"°°'°a°°e1 lotion or a final decia°n. PZ-19-4416 8. Severability. Invalidation of any one of these covenants by judgment o 03/22/21 not affect any of the other provisions of this Declaration, which shall remain in full force effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW S Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 IN WITNESS WHEREOF, the undersigned has set his hand and seal this February, 2021. WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) OWNER: yGp i 1'w S[O NOTICE Thls submittal neebs m be sch.—d for a pebk M1ea-g —dapuwlm omeop®set tpnn ip theO pr M ami Crde.Theapplira He tlsision- k,.g body"I �eeew Me inbnnadon at the pu- M1eering to and er a dA.o or a fins l deciaon. �menPZ-19-4416 �\ 03/22/21 27TH AVENUE AND CORAL WAY, LLC Managing Member / Partner Name: Pablo L. Cejas Title: AMBR 2199 PONCE DE LEON BOULEVARD CORAL GABLES, FL 33134 The foregoing instrument was acknowledged by means of ❑ physical presence or ❑ online notarization before me by Pablo L. Cejas, the ANMR of 27TH AVENUE AND CORAL WAY, LLC, on behalf of the limited liability company. He is ❑ personally known to me or ❑ has produced , as identification. Name: Notary Public, State of Florida Commission No. My commission expires: Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 I IN WITNESS WHEREOF, the undersigned has set his hand and seal this February, 2021. WTTNF.CCF.C• Signature Print Name Signature Print Name STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) OWNER: yGp i 1'w S[O NOTICE Thls submittal neebs m be sch.—d for a pebk M1ea-g —dapuwlm omeop®set tpnn ip theO pr M ami Crde.Theapplira He tlsision- k,.g body"I �eeew Me inbnnadon at the pu- M1eering to and er a dA.o or a fins l deciaon. �menPZ-19-4416 7►\ 03/22/21 27TH AVENUE AND CORAL WAY 2, LLC Managing Member / Partner Name: Pablo L. Cejas Title: AMBR 2199 PONCE DE LEON BOULEVARD CORAL GABLES, FL 33134 The foregoing instrument was acknowledged by means of ❑ physical presence or ❑ online notarization before me by Pablo L. Cejas, the AMBR of 27TH AVENUE AND CORAL WAY 2, LLC, on behalf of the limited liability company. He is ❑ personally known to me or ❑ has produced , as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 0 Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 APPROVED AS TO CONTENTS: Cesar M. Garcia -Pons Planning Director Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney yGp i 1'w S[O NOTICE Thls submittal neebs m be scM1edaled for a pebk M1ea-g —dapuwlm omeop®set tpnn ip theO pr M ami Crde.Theapplira He tlsision- k,.g body"I �eeew Me inbnnadon at the pu- M1eering to and er a mendation or a final deciaon. PZ-19-4416 �\ 03/22/21 NOTICE Declaration of Restrictive Covenants Th" m'ne°bam�°`°ed°�d�rap°b°°Rearing �praanuw tlsisi°n-maomeond set - inure eiypr M ami Crde. The applirAHe Xing b°tly MII Folio No(s): 01-4116-008-0011, 01-4116-008-0010 "° tieo m a"bap°b°°°°a"°°'°a°°e18 lotion or a final decia°n. PZ-19-4416 Exhibit A 03/22/21 X All of Lots 1 and 2 and the East 25 feet of Lot 3. Block L of MIAMI SUBURBAN ACRES, according to the Plot thereof, recorded in Plot Beek 2, at Page 84 of the Public Records of Miami -Dade County, Florida; save, and excepting therefrom the following: the Forth 32.8 feet, the East 35 feet and the South lU feet far street right of way.