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HomeMy WebLinkAboutDec. of Restr. Covenantsp.fc°i'74 gfr, Prepared by; A. Vicky Leiva, Esq. Eckert Seamans Cherin & Mellott 701 Brickell Avenue, Suite 1850 Miarrti, Florida 33131 9 7 R C12 2151 1997 JAN 16 16122 Space Reserved for Clerk DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration`) made this day of 1995. by Tibor Hollo, an Individual, and Synchron Parking, Inc., a Florida corporation (jointly hereinafter referred to as the "Owner-"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY") . WITNESSETH WHEREAS, the Owner holds fee -simple title to certain Property in the City of Miami, State of Florida (the "City"), located at 1744-1756 N. Bayshore Drive, 1783-1795 N.E. 4th Avenue, and 407 N.E. 17 Terrace, Miami. Florida, and legally described as: LOTS 5,6, 7.8,9,10,11 and 12, BLOCK 8, MIRAMAR SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 4 of the Public Records of Dade County, Florida. (the "Property"); and WHEREAS, the Owner is presently an applicant before the City of Miami City Commission for a change of zoning classification from R4 Multi -Family Residential to SD6 Central -Commercial Residential District (the "Change of Zoning") on the Property; and WHEREAS, the Owner is desirous of malting a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall /7A '1' • rc:17491§11789 be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property. and its heirs, successors and. assigns as follows: Section 1. 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. Section 2. Use of Property. The principal use of the Property shall be for residential development consisting of two towers containing 274 and 436 residential units and a third tower consisting of either a hotel or a residential building, containing 404 units. Section 3. Ancillary Use. Ancillary retail -commercial space not to exceed 14,000 sq. ft_, and 100,O00 sq. ft. dedicated to the following allowable uses: art galleries, museum libraries or rehearsal room for performing arts organizations and other cultural uses, theaters other than drive-in, offices, studios or laboratories, educational institution of a business, professional or scientific nature, private clubs, lodges, fraternities and sororities, religious and other similar uses; post -secondary public or private educational facilities. • Section 4. View Corridor. The residential towers and the all suite hotel shall be aligned in an east west of the Property direction in order to accommodate view corridors for properties to the west and to take maximum advantage of view of Biscayne Bay. Section, Floor Area Ratio. The Owner agrees to the maximum Floor Area Ratio (FAR) permitted under the SD6 zoning district. Section 7. Maior Vse Special Permit. The Owner further agrees to submit to the City a Major Use Special Permit application which will reflect the limitation herein incorporated in this covenant. -2- G9 • ? 17498c ,790 Section S. Effective Date. if the City of Miami Commission approves the Change of Zoning as requested, and after said approval has become final and non -appealable, this trument shall be recorded in the Public Records of Dade County upon final approval by the State of Florida Department of Community Affairs and shall constitute a covenant running with the title to the Property and shall be binding upon Owner, its successors and assigns. These restrictions shall be limitation upon all present and future owners of the Property and shall be for the public welfare. Secti:onn. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miarni Commission after a public hearing which public hearing shall be applied for and at the expense of the Owner, Should this instrument be so modified, amended or released, the Director of the City's Planning Building and Zoning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section 1.0, 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 and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records of Dade County and shall be automatically extended for successive period of ten (10) years thereafter or until the obtainment of a Certificate of Occupancy upon completion of all phases for the Miramar project, whichever occurs first, unless modified, amended or released prior to the expiration thereof. Upon the issuance of the Certificate of Occupancy, this 24168.1 ptr, Covenant shall automatically be released by the -City, without further action required by the City Cornrnission. Section 11. Inspection and Enror ement. It is understood and agreed that any official inspector of the City of Miami may have the right any time during normal working hours of entering and investigating the use of the Property to determine whether the conditions of this Declaration and the requirements of the City's Building and Zoning Regulations are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the property by action in 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. The prevailing party i the action or suit shall be entitled to recovercosts and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 12. Severabil ty. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain itt fall force and effect. Section 13. Recording, This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. 24168.1 .4-. ARIMINEIN • 1792 IN WITNESS WHEREOF, the undersigned have set their hands and seals this 7C'''day 0 1995. WITNESSES: / / ! i :{<A?i STATE OF FLORIDA ) COUNTY OF DADE ) TIBOR HOLLO dent r The foregoing instrument was acknowledged before me this day of S iT. 1995, by Tibor Hollo, who is personally known to me or who has produced as identification and who did (did not) take an oath. CIAI. t ():Artt KATI-RIE ('XcX,A,�, NCYTARY I'Um IC STATF CF FI ('RIR CO MN.IRSION Nt, [ L 1-1 my 0.111 .1 NsI ON I k r i F li ?r, 149,, My Commission Expires: STATE OF FLORIDA COUNTY OF DADE Name; Commission No.' ii.A i ' Notary Public: State of Florida at Large Fatrhe foregoing instrument was acknowledged before me s,- /,7-"day ofS Er 7 194, by Phillip A. Yaffa, Vice -President of SYNCHRON PARTING, INC. who is ELsp. _Li a ly known to me or has produced s identification (did not) take an oath_ ,KAIBEN C1tUuA.1 OFFICIAL NOTA 1 4' SF AI KATHLi N CR(1C:AN NOTARY PUBLIC SPATF OF FIS)RJDA COMMISSION NO f'C1.1.1r2 MY COMMIS r() . EX PFF It .r„ 1 w,44 My Commission Expires: z4168.1 Name: Commission No.: Notary -Public State of Florida at I ar;re -5- I •F Prepared h). fernrna S t h-tit, l q 101) South Biscayne Iinukc, no(1. Work; I rviiarrn, Ftrsrada 331)1 spa,. EF.'urr cal 1,<s t Irk FIRST MODIFICATION'ro I)EC1.ARATION OF RESTRICTIVE COVENANTS This First Modification to Deciarauton of Restrictive ('ovcnants (the "Modification- 1 made this ,r.r1 1day al August, 1998. by Tibor iloliu. and individual, Synchron Parking Systems, lnc. a Florida corporation. and Miramar Apartments, Ltd. ijointir hereinafter referred to as -'C)tancr-1. to taunt tatthe Ci"!'Y OF MIAMI, FLORIDA, a municipality located zvnhin Ilse State of Florida (hereinafter referred to as the "('t.t Y'.). WHEREAS, the Owner ttntds fee -simple title to certain Property in the -CITY. Located a€ I7.44- 1756 N. Bayshore Drive. 1783-1795 N.E. a°' Avenue, and 40? N t: i7Terrace. Mianr:. Honda. and legally described as: LOTS 5,6,7,8.9,10.11 and 12. Block 8.'MIRAMAR St HDIV1S1ON, accordine. the Plat thereof, as recorded in Pitt t3caak 5. at Page 4 of the Public Records of Dade County, Florida LOTS 6,7,10 and 11. lilock t1, MIRA!MAI{ St 1131)i VISION. iici. rdutig to the Plat thereof, as recorded in Platt Hook at Pj_ee 4 of tfu• Pubitc Records of Mi:nnt-Dade County. Florida, ;end LOT !- Block !, SE:APOR.I. St IIDIVISI€)N. ,ctordinu to the fiat thereat, as recorded in Plat Book 149, at Page 79 of the Public Records 01 M€anwthide ('Outer:. Florida. and LOT 2, Block 1. SL APOR I Stll1DI V 3SI( IN. accordOtz to the Plat thereoi o rccnrdcd In Plat Book 149, at Page 79 01 the Public Records of Miami -Dade Count‘, Florida. WHEREAS. the Owner has previously vuluntarifentered into that certain I )ecinration cot Restrictive Covenants. dated the 2(14 day tit September. €995, and tecordcd to Book 174911, Page 1788 of the Pubhc Records of Miant.-Dale. Florida ;the -Declaration.' I. watch Declaration covered the Property. and WHEREAS, tic €)_•cfarnron set forih Synchr_rn Parking, fete .3. an a vnc the .mercer speiline. of s Synchron Parkas. Systems. Inc WHEREAS, the Declaration ali<ictie 1tar I .n11'fidnitni of tI1C 0I il', as 1cs an) portion o Property as fahhows: .'by written tnstnimcnl b) ttty then no ner ot the fee-salple LlId 111 0v adTected by such modification, amendment or release, prov.dtne. the sanac has been approved by the Pity of Miami ('onimrs.43or'- alter public heanrg the Director of the City's Planning Building and Coning Department or hp; succc•s,or ahatl execute a 18231'3 '530 written instrument in recordable form effectuatin4 and acknowledging such in-ificatiun, amendment or releas'."; and WHEREAS, the City- of Miami L.'ommissitnt. on Octnb.n 21i, 19 97 hold a public' hearing during which the City of Miami Commission approved b) Resolution No. r17-76 i (the -Resolution-jibe that the owner portion of the Property to:€it: LOT i. EBinc1i 1. SEAPORT SI1BDIVISION. according to the Hai thereof, as recorded in Plat Book 349, at face 79 of the Public Records of Miatni-Bade Counts, Florida (the "Modified Port shall be entitled to construct 471 residential unity thereon. Mtic a Resolution modifies the i}eciaration , oil WHEREAS, Ckvncr is desirous o€tnodif.ving the Declaration pursuant Iu the Resolution as approved by the City ofMiarni Commission: NOW THEKEEORE, the in consideration o!'the mutttt€1 Covenants herein contained. the Resolution, and the sum of Ten Dollars ($I(i.tftl) and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the following amendment to the Declaration .shall he deemed to be a covenant running with the land binding upon the i)wner of the Property. and its heirs, a ca tsars and assigns as follows: Section 1. The recital and findings set forth to the preamble antis Modification an hereby adopted by reference therein and incorporated herein as if fully set forth in this Section. Section 1 The Declaration is hereby modified to change the name of the owner from Synchron Parking. Inc. to S)ntehron Parking Systems, Inc, and Section 3. Section ; ot';he Declaration is hereby modified to read as fi,Ilo,Es The principal use of the Property shalt he tor residential developmeat consisting i .sating of two lowers containing 27- and 4,4, 471 residesttiai units and a third tower consisting of either it hotel or a residential building. containing -1114 units. Section 4, Except as herein modified, the !)oclaration "dial] continue in frail force end effect, and each of the terms and conditions therein set forth. not anconststent Traci+till. are incorporated herein by this reference and remain applicable to he Property. Section 5. This Modification shall he filed ui record;om,ng the Public Records of Moan -Dade County, Florida, at the cost id owner IN WITNESS WHEREOF. the under ailed have set then and soon ',end', Elre) tl;tx ui August. 1998 WITNESSES: iESSES: !INK !lots 4/ K1:18231 P1531 Synchron Parking Symms. Inc Miramar Apartments. i.td-. a Florida IimtIed partnership. by 54irernar Apar t/lents, Inc , t: CrenTTy(TPjCj i'hi!{p D4han, Vice President theLits of Miami Planning, Zoning and l3uitding Department STATE OF FLORIDA COUNTY OF MIAI-[JADE: I rr The foregoing instrurncnt was acknoacicdge helorc nit• shi _ ( day 01 August 11)98, by Tibor Iloilo, who is personally known to me or has produced ::s identification and who did (did not ) take an oath NOTAitY I t;BtiC iT srL - STATE OF FL()R(DA COUNTY or MIA1-i)Al)L ny Sskssrn ant scribed to before me thyLs r day of August, P99).: ltii�na re ttt3llNast:tn- Public ,S1atcaj I'Fit „KAThLE N CRQ(AN (Prins, l s pc or Stamped Clsntnticsionrd Nante of Notars Public 1 The foregoing instrument saas acknowledge heron: me this/ s` da} 01 August. 1998, by Louis Huron, President of Synchron Parking Systems, Ins s+lao rs personally knnss n to ore or has preehated a, identification and svho did Idid not ) t,�kc an :path. i/i Batorts and Suhscnhedtt,helorcthe this L slitso1August, I99.R. oFFtCIALN,Y,s YSEM KATII.LECN Ckix.,t� ROTARYPI.aiLIC STATI. OF FLORIDA COMMISSION \t' CC71 — 1f ISfgn.tt re of Notary Pushi : -State of ?'I£ a1 13pc or'itanapcd C oanrtissttater' Name of Notary Public; `. i 8231 rr4532 Aec. STATE OF FLORIDA COUNTY OF MIAI-DAD The foregoing instrument was acknowledge Inc ford me this _/_C day of August. 1998. by Philip Dahan , Vice President of Miramar Apartments, Inc., as Node Generai Partner of Miramar Apartments. Ltd. who is personally known to me or has produced a identification and who did (did not I take an oath. t3f riCiAI- Acid Y Skid. CiS'OCA.7s, \CITAHY'1'1: iJ�' S 4Tk OF b7.UkIt,�A nnAFs.1i St(:A \C(713063 •sY - ,;,♦ "c2"F'--� 262.10 STATE OF FLORIDA COUNTY CSF MIAI-DAII: Sworn ,and SuhscriF ed to before met ls/ f, day of August. 1�)98. {tiignati re of Notary Public -State jaiHorid ) ;Print, Type or Stamped Commissioned Name of Notary Public t foregoing instrument was acknowledge heI[7re the this / i J. of August. It1f)8, by 4 44Id�i$ Jr//� 4y4 , ferr' . Director of the City ol'Miami, Planning Zoning.€nd Building Department who is personally known to me or has produced _ .-- as identification and who did (did not ) take an oath. 4,01V ALA OFFICIAL NOTARY SEAL a � 7(.6 ESTHER GUERRERO * COMMISSION NUMEE 9i �tba> �o CC5tt7514 0 F O4' LIY COtIMSSION F,,XR NOV to ; Swarr and Subscribed in tfore tno this 1,7 day of August, Ia$)8. ( Signature of Nuiar Public -Sia1e nl i lnritia 1 E (Print, type or Stamped (-omtur,sit7ned Name of Notary Puhfie) • • a a2R249457 2002 APR 23 15:36 This instrument prepared by and when recorded return to: A. Vicky Garcia -Toledo, Esq. Bilzin Sumberg Dunn Price & Axelrod LLP 2500 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2336 (Space Above For Recorder's Use Only) SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS This Secp Modification to Declaration of Restrictive Covenants (the "Modification") made this day of , ':` 00 Z; by Tibor Hallo, an individual, Synchron Parking Systems, Inc., a Florida corporation, and Miramar Apartments, Ltd. (jointly hereinafter referred to as "Owner"), in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY") WITNESSETH WHEREAS, the Owner holds fee -simple title to certain Property in the City, located at 1744- 1756 N. Bayshore Drive, 1783-1795 N.E. 4th Avenue, and 407 N.E. 17 Terrace, Miami, Florida and legally described as: LOTS 5, 6, 7, 8, 9, 10, 11 and 12, Block 8, MIRAMAR SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 4 of the Public Records of Miami -Dade County, Florida and now known as: LOTS 6, 7, 10 and 11, Block 8, MIRAMAR SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County, Florida; and LOT 1, Block 1, SEAPORT SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 149, Page 79 of the Public Records of Miami -Dade County, Florida; and Lot 2, Block 1, SEAPORT SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 149, Page 79 of the Public Records of Miami -Dade County, Florida. (the "Property") WHEREAS, the Owner previously entered into a Declaration of Restrictive Covenant dated September 20, 1995, recorded in Book 17498, Page 1788 of the Public Records of Miami -Dade County, Florida and subsequently amended by First Modification to Declaration of Restrictive Covenants, dated September 10, 1998, recorded in Book 18231, P.- h-r =,, of the Public Records of Miami -Dade County, jointly referred to as the "Declaration"; a • Second Modification of Decr fi of e t ct ve Covenants Page 2 WHEREAS, the Declaration allows for the residential development consisting of two'(2) towers containing 274 and 471 residential units and a third tower consisting of either hotel or ' 7 residential use containing 404 units; and WHEREAS, Phase I consisting of 471 units has been completed and occupied and the Owner wishes to proceed with the development of the remaining residential units consisting of 274 units and 404 units combined into one tower known as Phase Il for a total of 678 residential units and the remaining 100,000 square feet of institution as a separate structureknown as Phase III; NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed covenants running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recital and findings set forth in the preamble of this Modification are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 2 of the Declaration is hereby modified to read as follows: The principal use of the Property shall be for residential development consisting of two towers containing 678 and 471 units and a third tower consisting of 100,000 square feet of construction for uses as identified in Section 3 of the Declaration. Section 3. Except as herein modified, the Declaration shall continue in full force and effect, and each of the terms and conditions therein set forth, not inconsistent herewith, are incorporated herein by this reference and remain applicable to the Property. Section 4. This Modification shall be filed of record among the Public Records of Miami - Dade County, Florida at the cost of the Owner. IN WITNESS WHEREOF, the undersigned have set their hands and seals the 2 fi day of le40_4L, , 200 r Witne ses: ., -2- Tibor Hallo, an individual Second dificati D :d Ration of Restrictive Covenarits Page 3 Synchron Parking Systems, Inc. By: r Louis Baron, President Miramar Apartments, Ltd., a Florida limited partnership, by Miramar Apartments, Inc., its seral Partner By: Phili. Dahan, Vice President City of Miami Planning, Zoning and lr--sing Department By. elabexw anchez, Director STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ,�,r)* day of FP.h, 200by Tibor Hello, an individual, who is personally known to me or produced i as identification and who (has) (has not) taken an oath. Sign Nam . A Print Name: A i ttrr.C�10 e 4�cb , i My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA) ) SS: OFFICIAL NOTARY SEAL KATHLEEN CROGAN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC713063 MY COMMISSION EXP. FEB. 262002 • Second Modification of DecAa ation of Restrictive Covenants Page 4 COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this a()` day of , 2O02rby Louis Baron, President of Synchron Parking Systems, Inc., who is personally k .wn to me or produced as identification and who (has) (has not) taken art oat My Commission Expires: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) Sign Name. wL Print Name: Ti-+L_t ErL C..tz.i C2 ra NOTARY PUBLIC OFFICIAL, td I'A a SEAL KATHLEEN CROGAN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO CC713 063 COMM' w 26,2002 The foregoing instrument was acknowledged before me this D,CiiiA day of 'fPhd , 200-by Philip Dahan, Vice President of Miramar Apartments, who is personalty krlo n to me or produced as identification and who (has) (has not) taken an oath. My Commissi OFFICIAL NCTA RY CFA; KATHLEEN CROL • AN NOTARY PUBLIC STA I I cZ1 FLORIDA COMMISSION IBC 13 063 iS5ION .XI' ri-,I 2fs2002 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Sign Namei� � r�-- Print Name: . �a.��d�J Cr NOTARY PUBLIC foregoing instrument was acknowledged before me this day of , 200 by Ana Gelabert-Sanchez, Director of City of Miami Planning and Zonin Depart, who is personally known to me or produced as e 4 Sign i.!t u.. < 1 r Print Name: lad - i� Via ':�!�.' '�= NOTARY PUBLIC identification and who (has) (has not) taken an oaE My Commission Expires: TERESITA L. FERNANDQ Y COMMISSION # DD 055527 EXPIRES: January 6,2006 Bonded Thra Mat? Public Uhdsrwrders G:1DMS17319011019910294677.0 1 10/5/00 -4- STATE OP FLORIDA, COUNT OF DADE I HEREB CERTIFY that this is ice on wr HA AD20 ciat Seal. 'rc It an.. C of the y a unty Courts Q.G.