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HomeMy WebLinkAboutExhibit B - Covenant - Revised April 2022Document 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- 410 5 - 0 31- 014 0 01-4105-031-0130 01-4105-031-0120 01-4105-031-0110 01-4105-031-0080 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2021, by Le Jeune Palms, LLC, a Florida limited liability company having offices at 782 NW 42nd Avenue, Suite 630, Miami, F 1 o r i da 3 312 6 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, locatedat 600 NW 42 Avenue, 4251 NW 6 Street, 4253 NW 6 Street, 4255 NW 6 Street, and 601 NW 43 Avenue, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner has filed Public Hearing No. PZ-21-10180 to rezone the Property from T4-L and T6-8-0 to T5-L and T6-8-O; Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 WHEREAS, the change in zoning of portions of the Property from T4-L to T5-L will increase the maximum height from three (3) stories maximum to five (5) stories maximum; NOW THEREFORE, the Owner, 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 Owner of the Property, and its heirs, grantees, successors, and assigns as follows: l . 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: The maximum height of any multifamily residential building(s) on the portions of the Property zoned T5- L shall not exceed three (3) stories. This height restriction shall not apply to any hotel/lodging building(s) on the portion of the Property described in Exhibit "B" . The Owner will also use best efforts in the design of any proposed development to avoid driveways located along NW 6th Street and NW 43rd Avenue. 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 2 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 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. 5. 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 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. 3 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 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. S. 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. 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. 4 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 SIGNATURE PAGES TO FOLLOW 5 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) Le Jeune Palms, LLC Tony Gonzalez, Title Manager The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of 120 by Tony Gonzalez, of Le Jeune Palms, LLC. He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: C Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 APPROVED AS TO CONTENTS: Cesar Garcia -Pons, AICP, LEED, AP Planning Director Joseph A. Ruiz, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 7 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 Exhibit "A" Parcel 1 Lots 9, 10 and 11, all in Block 1 of Golf Course Park, According to the Plat Thereof, Recorded in Plat Book 43, at Page 3, of the Public Records of Miami -Dade County, Florida, less and excepting Therefrom the following described real property: All that part of Lot 9 in Block 1 of Golf Course Park, According to the Plat Thereof, Recorded in Plat Book 43 at Page 3 of the Public Records of Miami -Dade County, Florida, that lies East of a line which is 50 feet West of, as measured at right angles, and parallel to the East Line of the NW 1/4 of Section 5, Township 54 South, Range 41 East, Miami -Dade County, Florida. Parcel 2 Lot 12, Block 1, GOLF COURSE PARK, according to the Plat thereof, as recorded in Plat Book 43, Page 3 of the Public Records of Miami -Dade County, Florida. Parcel 3 Lot 13, Block 1, GOLF COURSE PARK, according to the Plat thereof, as recorded in Plat Book 43, Page 3 of the Public Records of Miami -Dade County, Florida. Parcel 4 Lot 14, Block 1, GOLF COURSE PARK, according to the Plat thereof, as recorded in Plat Book 43, Page 3 of the Public Records of Miami - Dade County, Florida. Parcel 5 8 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 Lot 15, Block I, GOLF COURSE PARK, according to the Plat thereof, as recorded in Plat Book 43, Page 3 of the Public Records of Miami - Dade County, Florida. 9 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 EXHIBIT "B" Parcel 1 Lots 9, 10 and 11, all in Block 1 of Golf Course Park, According to the Plat Thereof, Recorded in Plat Book 43, at Page 3, of the Public Records of Miami -Dade County, Florida, less and excepting Therefrom the following described real property: All that part of Lot 9 in Block 1 of Golf Course Park, According to the Plat Thereof, Recorded in Plat Book 43 at Page 3 of the Public Records of Miami -Dade County, Florida, that lies East of a line which is 50 feet West of, as measured at right angles, and parallel to the East Line of the NW 1/4 of Section 5, Township 54 South, Range 41 East, Miami -Dade County, Florida. 10 Workflow: Second Reading CC Covenant Review v 14 < 1 of > DI QQ loi ® Find�� oc Plan Review - Review Comments Report Project Name: PZ-21-10180 Workflow Started: 5/9/2022 1:58:51 PM Report Generated: 05/12/2022 04:10 PM REVIEW COMMENTS FILENAME REF# CYCLE REVIEWED BY TYPE 1 1 Land Development Comment Review Group The Date will need to be corrected to reflect the year "2022'' Megan Echols 5/12/22 2:08 PM 2 1 Land Development Comment Review Group Parcels and addresses are correct on the covenant Megan Echols 5/12/22 2:09 PM 3 1 Land Development Comment Review Group Covenant references Exhibits A &B. Sketches for exhibits should be added to Megan Echols these exhibits to diagram location of parcels and restrictions 5/12/22 2:10 PM 4 1 Land Development Comment Review Group If development of this property exceeds 40,000 square feet for lot area, it will Megan Echols requirean exception (section S.5.1(i) S/12/22 2:12 PM S 1 Land Development Comment Review Group Applicant stated on the CC floor that they would be amending the covenant Megan Echols to state that the ownerwould use "best efforts'' in the design of the 5/12/22 2:17 PM proposed development to avoid driveways located along NW Sth Street and NW 43rd Avenue. This was added to the amended covenant. This is counterintuitive to the principles of miami 21 DISCUSSION Type: Workflow Discussions v Vie Id < I of 1 > DI O too % v ® v-7-- . Find I Next Current Project - Combined Discussions Project: PZ-21-10180 Report Date: Generated On 05/12/2022 05:33 PM WORKFLOW DISCUSSIONS DISCUSSION TOPIC CATEGORY LEADER DATE UPDATED ProjectFlow Jacqueline Ellis OS/12/2022OS:24 PM COMMENTS BY COMMENT DATE No problem with the covenant as drafted. It may be best to clarify what happens if there is a mixed use building Daniel Goldberg with another use (i.e., not solely a "multifamily residential' or "hotel/lodging" building). Also, it would be betterto OS/12/2022 05:24 call these uses vs. buildings. PM Jihan Soliman All except restriction (as that may he subject to change during City Commission action) is acceptable. OS/12/2022 01:02 PM The above matter has been assigned to Jihan M. Soliman, Assistant City Attorney, as Matter ID No. 22-804. LegalServices OCA In the future when sending document(s) to the Office of the City Attorney relating to this matter, please ascertain 05/09/2022 07:44 that they are directed to the assigned attorney and that reference is made to the Matter ID Num ber. PM If you need any further assistance an this matter, please do not hesitate to contact our office at 305-416-1800. Megan this is a covenant review for a rezone headed to city commission. Comments are due no later than 5/11/2022. Regards, OS/09/202203:36 Jacqueline Ellis PM Jacqueline DISCUSSION TOPIC CATEGORY LEADER DATE UPDATED Covenant Review- PZAB ProjectFlow James Williams 09/17/2021 03:33 PM COMMENT . DATE James Williams Please see covenant that was uploaded under PZD-10. Thankyou! 09/17/2021 03:33 PM report from Prof eCtDoX by Avolve Software Workflow: Second Reading CC Covenant Review Id < - of > D1 V O 100% v Vie �r ® v Find I Next Plan Review - Department Review Status Project Name: PZ-21-10180 Workflow Started: 05/09/2022 01:58 PM Report Generated: 05/13/2022 09:48 AM CYCLE DEPARTMENT STATUS REVIEWER Land Development Supervisor Jacqueline Ellis Zoning Administrator Staff Review Complete Daniel Goldberg City Attorney Office Supervisor John Greco 0 1 Land Development Review Group Staff Review Complete Megan Echols City Attorney Office Staff Review Complete Jihan Soliman CAO-Legal Assistants Staff Review Complete Kenya Jones report from ProjectDox by Avolve Software