Loading...
HomeMy WebLinkAboutCovenant - October 2021 - ObsoleteDocument 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): 01-4105-031-014 0 01-4105-031-0130 01-4105-031-0120 01-4105-031-0110 Portion of 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, Florida 33126 (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, located at 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 an application to rezone the Property from T4-L to T5-L;and 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 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: 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: The height of any residential building on the Property shall not exceed three (3) stories. 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 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 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 parry 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 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 8. Severabilily. 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. SIGNATURE PAGES TO FOLLOW 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 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 C Tony Gonzalez, Title Manager The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of 520 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: 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 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 6 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 [legal description] Exhibit "A" 7 ProjectDow Checklist Comments Report Project Name: PZ-21-10180 Workflow Started: 09/16/2021 8:09 AM Report Generated: 09/29/2021 10:15 AM Grouping Cycle Ref # Permit Type Group Name Comment Type Category Type Reviewer Comment Applicant Response Status Updated By Last Updated Completed? Date Completed 1 Site Development Land Development Design & Review Department Review All appears correct with Information Megan Echols 09/22/2021 4:56 PM True 09/22/2021 4:56 Review Group covenant PM Clarify or define what is a Main Workflow 1 'residential building" which Zoning cannot exceed 3 Stories. T5-Ls 09/23/2021 6:37 2 Site Development Administrator General Department Review allowmany non-residential Information Daniel Goldberg 09/23/2021 6:37 PM True PM uses. Is a residential building one which has no non- residential uses? Project Department Review Status Report Project Name: PZ-21-10180 Workflow Started: 09/16/2021 8:09 AM Report Generated: 09/29/2021 10:17 AM Cycle Depart.oent Reviewer Email Status Reviewer Comments Applicant Comments City Attorney Office Supervisor Barnaby Min BMin@miamigov.com Zoning Administrator Daniel Goldberg dagoldberg@miamigov.com Staff Review Complete Land Development Supervisor Jacqueline Ellis jellis@miamigov.com 1 Land Development Review Group Megan Echols mechols@miamigov.com Staff Review Complete Comments in Markup of PZD-10 Comments are: Throughout the Covenant is references a portion of a property, a portion of a property cannot be zoned, the City Attorney Office Jihan Soliman Jsoliman@miamigov.com Staff Review Complete whole lot or not at all. Wrong Zoning Admin name Needs to include legal description of all subject properties Add portion that states covenant is running with the land.