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Home My WebLink AboutSubmittal-By Horacio Stuart Aguirre-Miami River Commission Letter to Commissionerspblicy Committee: Governor of State of Florida Mr. Ron DeSantis Designee: Ms. Patricia Harris Chair of Miami -Dade Delegation Senator Ana Maria Rodriguez Designee: Senator llama Garcia Chair of Governing Board of South Florida Water Management District Mr. Chancey Goss Designee: Mr. Scott Wagner Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. David Harden Mayor of Miami -Dade County Mayor Daniella Levine Cava Designee: Mr. Jim Murley City of Miami Mayor Mayor Francis Suarez Designee: Ms. Megan Kelly City of Miami Commissioner Miami -Dade County Commissioner Commissioner Eileen Higgins Designee: Mr. Eddie Marti Kring Chair of Miami River Marine Group Mr. Bruce Brown Designee: Mr. Richard Dubin Chair of Marine Council Mr. Michael Karcher Designee: Mr. Phil Everingham Executive Director of Downtown Development Authority Ms. Christina Crespi Designee: Mr. Neal Schafers Chair of Greater Miami Chamber of Commerce Mr. Alfred Sanchez Designee: Mr. Agustin Barrera Neigborhood Representative Appointed by City of Miami Commission Ms. Eileen Broton Neigborhood Representative Appointed by Miami -Dade Commission Ms. Theodora Long Representative from Environmental or Civic Organization Appointed by the Governor Mr. Horacio Stuart Aguirre Member at Large Appointed by the Governor Mr. Luis Garcia Designee: Mr. John Michael Cornell Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Alvaro Coradin Member at Large Appointed by City of Miami Commission Mr. T. Spencer Crowley III Managing Director Mr. Brett Bibeau 3 -4-d-Svisoo't Miami River Commission City of Miami Commission 3500 Pan American Drive Miami, FL 33133 ti Re: PZ 10-11,1250 NW 22 Ave c% Robert King High 1407 NW 7'h Street, Office 7 Miami, Florida 33125 Office: (305) 644-0544 BrettBibeau@MiamiRiverCommission.org www.miamirivercommission.org March 14, 2024 Submitted into the public record or ' em s) on 1 City Clerk During the Miami River Commission's November 7, 2022 public meeting Mr. Javier Fernandez, SM & GQ Law, and Jacek Schindler, Schindler Architects, presented and distributed plans, a letter of intent, and draft voluntary restrictive covenant for 1250 NW 22 Ave. The planned development on the vacant site along the north shore of the Miami River's South Fork tributary, features the public Riverwalk as required by City Code section 3.11, Appendix B and the Baywalk / Riverwalk Design Standards and Guidelines. The MRC adopted a unanimous motion respectfully recommending approval of the land use and zoning amendments, subject to extending the time for a potential 2nd consecutive increase in land use and zoning density for 36 months, and that the developer present the site plan when ready to the MRC Urban Infill and Greenways subcommittee. I appreciate your time and support for the Miami River District. Sincerely, ~0;4 67f;;;; Horacio Stuart Aguirre Chairman, Miami River Commission bL 40/��" �r/e.. - ►'n+��' 2+✓ems m�SSno'1 LQ'H'19��'O t�Y►�Mise5-0,0T Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn: Zoning Administrator 444 S.W. 2nd Avenue, 2nd Floor Miami, FL 33130-1910 Folio No(s): 01-3134-000-0230 Submitted into the public recor for it m(s) z- l O + F on 3 I . City Clerk (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2022, by POLISH AMERICAN CLUB OF MIAMI INC, a Florida not -for -profit corporation (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 1250 N.W. 22nd Ave., Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner sought and obtained a Future Land Use Map redesignation pursuant to Ordinance No. for the Property; and WHEREAS, the Owner sought and obtained a rezoning approval pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 Declaration herein; and Submitted into the ubiic recor for 'tem(s), 2 10 '4 on City lerk 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. Restrictions: The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: a The owner shall allow waterfront access to the public from 6:00 AM to 10:00 PM along the river walk to be developed as part of any future mixed -use project on the Property. b. The proffered river walk will be designed in accordance with Article 3, Section 3.11 and Appendix B of the Miami 21 Code. c. The Owner recognizes that legally permitted existing Working Waterfront 24-hour operations may currently exist proximate to the Property. Therefore, Owner agrees to: (i) Design structures on the Property, to the greatest extent economically feasible, to attenuate noise that may be generated by legally permitted Working Waterfront 24-hour operations; (ii) Provide all future tenants and prospective owners of the Property Submitted into the public Declaration of Restrictive Covenants record or item(s) f '1 0 4 fya1 Folio No(s): 01-3134-000-0230 on 3 I ,) City Clerk notice of the existing Working Waterfront 24-hour operations and will include such notice in all future leases and/or condominium documents; and (iii) Limit the height of any future structure or building on the Property to the maximum height permitted by the then existing zoning transect designation without the use of any public benefits or other bonuses that may authorized by the zoning code. 3. Effective Date. This Declaration 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 Declaration 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 Declaration 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. After notice and an opportunity to cure, 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 Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 Submitted into the public record for item(s) r` . (0 4 4.1 on 3 I, -(I- - City Clerk y 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. Amendment, Modification, Release. This Declaration may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a determination of the Zoning Administrator that the Declaration is no longer necessary to preserve and protect the Property for the purposes herein intended. Any amendment, modification, or release shall be executed by the Zoning Administrator, or his or her successor or designee, and be in a form acceptable to the City Attorney. 7. 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 hill force and effect. 8. 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. 9. Recordation. This Declaration will be e-recorded by the City of Miami, at the Owner's expense, in the public records of Miami -Dade County, Florida upon full execution. Declaration of Restrictive Covenants Folio No(s): 01-3134-000-023D Submitted into the public recor for i em(s) P� • I O 1 i 1 on City Clerk 10. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW Declaration of Restrictive Covenants Polio No(s): 01-3134-000-0230 Submitted into the public record or ijem(s) on IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2022. Witnessed by: Witnesses: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) POLISH AMERICAN CLUB OF MIAMI INC., a Florida not -for -profit corporation By: Monika DeMari President •I04P2I/ lerk City The foregoing instrument was acknowledged before me by means of ® physical presence op online notarization, this day of , 2022, by Monika DeMari as President of Polish American Club of Miami, Inc., a Florida not -for -profit corporation, who is personally known to me or who has produced as identification. Notary Public, State of Florida Print Name: My Commission Expires: Declaration of Restrictive Covenants Folio No(s): 01-3134-000-0230 CITY OF MIAMI: APPROVED AS TO CONTENTS: Daniel Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney Subm'tted into the public recor for item(s) 104 on I City Clerk