HomeMy WebLinkAboutBackup – Updated Draft CovenantDocument prepared by:
Office of City Attorney
Victoria Mendez, City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Atlas: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this
day of June 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
1
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
WHEREAS, the Owners are desirous of freely making a voluntary binding commitment
to assure and affirm that the Property shall be developed and maintained in accordance with the
provisions of the Declaration herein.
NOW THEREFORE, the Owners, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, voluntarily covenants, and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant running
with the land and binding upon the Owners 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, Right of Way Improvements Contribution. Prior to the issuance
of a building permit for new construction, the Owner shall contribute $100,000 to the City of
Miami towards right-of-way improvements, to be entirely used along SW 22nd Terrace in the
abutting area and/or neighborhoods within District 4, in the manner decided by the City. The
payment shall be made in full in one lump sum for a total amount of $100,000 by certified or
cashier's check payable to the City of Miami. The Owners affirm it is the Owner's express
commitment to make this contribution as a condition precedent to issuance of the building permit.
Once such payment is received the City will issue a receipt to the Owners which will be proof of
the Owner's compliance with this Section.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
3. Hecht. The Property shall be developed at a maximum height not to exceed 10
stories. Building Height is defined in Sec. 1.2, "Definitions of Terms", of the Miami 21 Code
which definition is incorporated is incorporated by reference.
4. Parking, The Owners agree that any new development on the Property shall not be
developed with any parking reductions or parking waivers. Parking shall be at minimum as
required by the Miami2l Code, as amended. All parking shall be on site located within the
Property. There shall be no off -site parking.
5. Vehicular Access; Service Area. Any new development on the Property shall
include a driveway access from SW 27 h Avenue and a driveway exit onto Coral Way, subject to
Florida Department of Transportation (FDOT) and Miami -Dade County approval. The sole
vehicular entrance to the Property shall be from SW 27th Avenue. The sole vehicular exit from the
Property shall be on Coral Way (SW 22nd Street). The service entrance/exit, including loading and
unloading areas, and any commercial services to the Property, shall only be accessed from SW
22nd Terrace.
6. Loading and deliveries. All loading, unloading, deliveries and commercial services
to the Property shall be provided from SW 22nd Terrace Monday through Friday no earlier than 8
am and no later than 6 pm. Loading, unloading, and deliveries are not allowed on Saturdays or
Sundays. These requirements apply each day of each year.
7. Signage. The owner agrees to fund the purchase and installation of any directional
signage related to new development on the Property that the Public Works Department requires
3
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
along the right of ways abutting the Property. Signage will comply with applicable City and
County Sign Codes.
8. Art. Any art provided shall be made an integral part of the design of the building's
facades. In addition, if any Art is required by the Art in Public Program, Chapter 62, Article XVI,
of the City Code, it shall be made an integral part of the design of the building's facades.
9. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owners, their heirs, grantees, 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.
10. Term of Covenant. This voluntary covenant on the part of the Owners shall remain
in full force and effect and shall be binding upon the Owners, their, successors, heirs, grantees,
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.
11. Inspection and Enforcement. It is understood and agreed that any official inspector
of the City of Miami may have the right at any time during normal working hours of the City of
Miami's inspectors 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
M
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
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. In any such action(s) each parry shall bear their own attorney's fees.
12. 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.
13. 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,
the cost and application for which shall be paid by the Owners, 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. Any release of this covenant as described herein approved by the City shall be
executed by the Planning Director and the Zoning Administrator, or their successor or designee
and the release shall be promptly recorded in the Public Records of Miami -Dade County by the
Owners.
14. Severability. Invalidation of any one of these covenants by judgment of Court shall
not affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
5
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
15. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owners, 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.
16. 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.
17. 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
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 day of
June, 2021.
WITNESSES:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
OWNER:
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 AMBR 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.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
7
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 day of
June, 2021.
WITNESSES:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
OWNER:
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.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
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
APPROVED AS TO CONTENTS:
Cesar M. Garcia -Pons
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
9
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
Exhibit A
All of Lots 1 and 2 and the Eost 25 feet of Lot 3, Block L of MIAMI SUBURBAN ACRES,
aocord!ng to fhe Plat thereof, recorded in Plat Book 2, of Page 84 of the Public Records
of Miorni-Dade County, Florida; save, and excepting thvefwn fhe following; the North
323 feet, the East 35 feet and the South 10 feet for street right of way.
10