HomeMy WebLinkAboutSubmittal-Ben Fernandez-CovenantSubmitted into the public
record for item(s) P2.5
on 07-22-2021 , City Clerk
Document 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, Attn: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s): 01-4116-008-0011, 014116-009-0010
(Space Above for Recorder's Use Only)
STRICTIYE 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:
V4IMREAS, Owners holds feesimple 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
"Property");
described in Exhibit A attached hereto and made a part hereof (the and
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WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
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:
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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/Rgstriction; Rig cif W y =rovements Contribution,_ Prior to the issuance
of a building permit for new construction, the Owner shall contribute one hundred fifty thousand
dollars ($150,000) 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
one hundred fifty thousand dollars ($150,000) 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
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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. This contribution is not required should the Property be rezoned to T5-0 pursuant to
Section 5.
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3. HdghL The Property shall be developed at a maximum height not to exceed ten
"Definitions
(10) stories. Building Height is defined in Sec. 1.2, of Terms", of the Miami 21
Code which definition is incorporated is incorporated by reference.
4. Parkins. 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 Miami2i Code, as amended. All parking shall be on site located within the
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Property. There shall be no off -site parking.
5. Vehicular Access; Service Area Access. Any new development on the Property
shall include a driveway access from SW 27"h Avenue and a driveway exit onto Coral Way, both
subject to Florida Department of Transportation ("FDOT") approval, Miami -Dade County
("County") approval, and approval required under the Miami 21 Code, including modification to
the Property's existing non -conforming access under the Miami 21 Code, or any successor
zoning ordinance. The Owners shall diligently pursue any required FDOT and County approvals
as well as seek any required Waiver(s) or other requirements under the Miami 21 Code, or any
successor zoning ordinance, to effectuate such driveway access, exit, and service area described
herein. If the Owners have not obtained all required FDOT, County, and City approvals,
including any required Waiver, to successfully effectuate the vehicular access, exit, and service
area described here within one (1) year of the City Cotnmission's acceptance of this Declaration,
the Owners freely agree to, within thirty (30) days, meet with City staff and diligently proceed, in
good faith, to agree on a modification to this Declaration or other action by the Owners to
accomplish such, with such modification being applied for by the Owners at their cost for City
Commission decision. The Owner further freely agrees that, if after eighteen (18) months from
the date City Commission accepts this Declaration, the driveway access, exit, and service areas
have not been approved as provided by this Section, the Owner will immediately, at its own cost,
apply for a rezoning of this Property to its former transect zone classification of T5-0. In the
event that an application to modify this Declaration is submitted at any time, the 18-month
timeframe for applying to rezone the Property shall be tolled until a final decision is rendered
with respect to the proposed Declaration modification In the event of the rezoning of the
Property to T5-0, Owner freely agrees it will not claim any vested or other private property
rights or entitlement to a T6-8-0 or higher density zone. If the Property is rezoned to T5-0
pursuant to this Section, the monetary contribution pursuant to Section 2 of this Declaration shall
not be required and the restrictions related to the physical development of the Property as stated
herein shall be null and void. Notwithstanding, the voluntary proffer that Owner will not claim
any vested rights in the event of a rezoning as stated in this Section will survive.
6. Loa ing 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. Sianage. 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 along the right of ways abutting the Property. Signage will comply with
applicable City and County Sign Codes.
8. 5. 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.
4. 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 Dgelaration. This voluntary Declaration 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 Enforcenicnt. 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 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 party shall bear their own
attorney's fees.
12. Qumn t� ive. 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
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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. Declaration 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 anyone 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.
15. Recrdutg. 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/F:lectronic Signature. This Declaration may be executed in any
number of counterparts, each oI' 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
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
June 2021.
WITNESSES: OWNER:
27TH AVENLTE AND CORAL WAY, LLC
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
Managing Member f Partner
Name: Pablo L. Cejas
Title: AMBR
2199 PONCE DE LEAN 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 A11BR of 27TH AVENUE AND CORAL
WAY, LLC, on behalf of the limited liability company. He is i personally known to me or 0
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has produced , as identification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
July 2021.
WITNESSES. OW I:RN
27TH AVENUE AND CORAL WAY 2, LLC
Signature
Managing, Member 1 Partner
Print Name Name: Pablo L. Cejas
Title: AMBR
Signature 2199 PONCE DE LEON BOULEVARD
CORAL GABLES, FL 33134
Print Name
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADS)
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:
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
Exhibit A
Al of lots 1 and 2 and the East 25 feet of lot 3, Block I, of MIAMI SUBURBAN ACRES,
according to the Plat thereof, recorded In Plat Book 2, of Page 84 of the PubPlc Records
of Mlom�Dode County, Florida, save, and excepting therefrom the following; the North
32.8 feet, the East 35 feet and the South to feet for street right of way.
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